If you're in a car wreck, will you get OEM repair parts and/or the diminished value of your car?

Bob: Automobile claim question.

Attorney Tom Olsen: Excellent. Yes?

Bob: My car was involved in an accident and I'm going to take it to the auto body shop. Do I have a legal right to insist on only OEM parts be installed back on the vehicle?

Tom: For the listeners out there, OEM means original manufactured parts and not knockoff parts from somewhere else. Bob, based on my understanding and based on what I hear Clark Howard talk about occasionally, it would be it depends on what your insurance policy says. I've had a situation before where the insurance agent says, "Oh, your policy says, you're entitled OEM parts." Sometimes your policy might provide for that. Sometimes it doesn't. I think that's where the answer lies. Unless it specifically says they're going to provide OEM parts, they may be allowed to provide you with rebuilt, refurbished, or knockoff parts from somewhere.

Attorney Chris Merrill: It would start with checking with his insurance company?

Tom: Yes, I think so or the policy itself.

Bob: I will. I'll read the policy. If they do use aftermarket parts, what about the diminished value of the vehicle?

Tom: Diminished value is going to apply to all cars that have been in a serious accident because you may get your car repaired and it may look like a gem, but guess what? That accident is now a part of the-

Chris: Facts.

Tom: -report. Yes, car facts, so that when somebody searches, who's going to buy your car down the road from you, they're going to say, “Oh, okay. A few years ago, this car was in a bad accident. We’re not going to pay you full retail for that.” Sometimes you can pursue your insurance company for diminished value. Yes, they fixed your car up, great, but the fact of the matter is it’s worth less now than it was prior to getting an accident. This diminished value is a real thing and something you might try and demand.

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