What is the repair requirement for auto accidents in California – specifically for a broken axle

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 26, 2011

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Insurance Question from Oakland, CA

Asked on 10/26/2011

What is the repair requirement for auto accidents in California – specifically for a broken axle My car was struck (while parked) by another vehicle. I filed a claim through the insured company, Encompass, and now have found out the axle on my car was broken in the accident. They want to replace it with a recycled axle, which the body shop is telling me is a BAD idea. I want to understand what my rights are to request a new axle or at minimum a reconditioned one. My car is a 2022 toyota 4runner with 140k on it

Answer given on October 28, 2011

When you are involved in an accident the insurance company must repair your car, but they are not required to use manufacturer parts. They are allowed to use aftermarket parts which are usually less expensive but considered by the insurance industry as equivalent in quality to manufacturer parts.How a claim is to be adjusted is often outlined in the policy for that particular company. However, it is unlikely that they usually call on recycled part. You should talk to the adjuster about their proposal and ask that they provide a reconditioned or new axle. If they insist on the recycled axle, ask if they will provide a lifetime guarantee on the part. If they are unwilling to provide that guarantee, you should ask to speak to a supervisor to see if they will be more willing to offer a new or reconditioned part.If you have collision coverage on your car with your insurance company, you could ask them to fix your car and then have them go after Encompass for the repairs. Of course you need to make sure your company will provide you with the proper axle as you are seeking.

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