Quote:
Originally Posted by krhodes1
To play Devil's Advocate for a moment - the car is NOT a new car, the parts that are missing were used to start with. Thus replacing missing used parts with used parts in equivalent condition makes the OP whole, which is the insurance companies obligation.
That being said, in my state insurance companies cannot force you to agree to using used or non-oem parts, or to go to a shop other than the one of your choice. They can, however, entice you to agreeing to do so by offering longer warranties on the work, or free rental cars, or some such if you do it "thier way". And of course, if using new oem parts causes the damage to exceed the point at which they deem the car a total loss then that is an issue as well.
The OP may well have to pay his deductible - I would assume that had there been damage from the storm he would have had to pay. Or at least he would have to pay whatever his comprehensive deductible is for vandalism. Though that said, in this case the insurance company SHOULD waive the deductible just for the hassle that the OP has been put though. But they are probably not in any way obligated to do that.
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The insurance company should be bending over backwards in this scenario, they basically sent his car to a salvage yard when there was nothing wrong with it.
The car doesn't even run and has been out of his hands for MONTHS, I'd be tearing that insurance company a part and by the time I was done I may own a part of it. This was some serious negligence on their part.