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What are your rights after a Georgia car accident when it comes to using non-factory parts to repair your car?

Atlanta Car Accident Lawyer Shane Smith, an Atlanta Personal Injury Attorney who limits his practice to Car Wrecks, Car Accidents, Personal Injury, DUI Victims, Slip and Falls, and other injuries relating to Back and Neck Injuries

     Many times as part of the regular maintenance of the vehicles, we have had to add new tires or add a new radio or add a new radiator or something like that. The insurance companies unfortunately do not have to reimburse you for regular maintenance items. A law does not require them to do so and they will not. This means that if you just repaired the radiator to your vehicle and then your front end gets crushed, you will not be receiving any more money than if your radiator was not repaired. That is a general rule. If you have the receipt, I would always submit it to the insurance company and bargain that you are entitled to more money. Just because you know that legally you are not doesn't mean that you cannot argue with them and maybe get the amount for your car increased. Fancy rims or wheels on a vehicle do not increase this underlying value.

     However, many times in the past when I had a vehicle that was totaled and the insurance company did not want to reimburse my client for an accessory such as a new stereo or fancy rims, we have contacted insurance companies to see if they care whether that particular item remains in the vehicle. The answer is almost universally no they do not as long as there are tires on the car or a radio in the car they are fine with it. Clients have then taken out the new radio and put in the factory radio if they still have it or even a cheaper model. I have also had clients go and buy four cheap tires and rims and put them on the vehicle and take the more expensive ones away. Only do this with permission though.

     Find information directly from the Georgia Insurance Commissioner's Office on the insurance company using used parts.


Shane Smith
Advocate for the Seriously Injured in Georgia