Hey guys... I'm wondering if anyone could answer a legal question of mine. If my car was hit by car does that other car's insurance company have a right to my now crumbled car parts after paying out a claim? Do they have a legal right to ask for those parts back?

bryan

 

if they replace them they do. At least in Ohio, it most likely varies by state.

Kyle

 

I think in most cases if they replace the part(s), then the old busted parts become property of the insurance company.

Just curious, but why would you want to keep the broken parts anyway? To me, seeing busted car parts off my car laying around would be a reminder of how someone else's carelessness wrecked my car.

 

They want the parts to prove that you really spent their money to replace/repair your car.

 

That is what I would do if I was paying out a bundle of money to replace parts on someones car. Legally they now own the old parts that they paid to replace.

 

yep...its mostly to prove that you actually fixed your car...

 

Interesting, IANAL - but I think here in Minnesota that may not be completely true. You are being compensated for your loss. Fixing the car isn't the issue - either way you have suffered the loss. If you have a lein on the car, the check will be made out to the body shop and you, not just you alone.

On the other hand, if the car is totaled they have the right to what's left.

 

erioshi: that is exactly what I thought. A check is made out to the person who had the loss. I don't see how they have a legal right to the parts since they are simply just paying you for the loss. I could see them wanting everything if they totalled it out because they would be paying for the vehicle then and not just the loss.

bryan

 

Fixing the car shouldn't matter to them since they are paying for the loss and shouldn't care what you do with the money because they have compensated you for the loss either way. Now if you were the policy holder and was making a claim to your own insurance company I could see them wanting to see the car fixed but even then either way they are still just compensating you for the loss. It's just their job to give you the money they think is reasonable to fix everything and forgetting it. Now if you tried to bleed more money out of them by blowing cost up I could see them wanting to see proof but otherwise it should not matter.

See the whole point is I experinced a loss because of one of their policy holders. My car has been fixed except one part. Now should I have to give them my old parts or not. I think not because they are suppose to pay me and have no right to anything of mine.

bryan

 

If you are unsure of the rule where you live, try the giving a state general help line or the attorney generals office a call asking where you can find the info. I've done that for a couple things and usually been directed right to what I needed.