What is the liability of the insurance company of the driver who was allocated 100% liability in an accident?

Question

I got hit in an accident and I was allocated no liability. My car is in the body shop right now. However, the insurance company of the guy who hit me sent an estimate to the body shop and requested a NON-FACTORY bumper for my car. My car was 100% factory-made before the accident. The insurance company argued that they only owe me whatever to put my car back to the same functionality before the accident, but not the same quality.

That absolutely sounds unacceptable to me. Per my understanding, they should have no right choosing the components of my car. I should be the one who choose it. The thing is that I am not requesting anything extra than what my car was before the accident. Is there anyone know what the California State Law says about this. Thank you very much!!!

Answer 1

Less depreciation depending on the year of make.

Answer 2

I am not familar with California law but I do know every state has it's own regulations and it varies from state to state with no-fault states being totally different.
My wife worked for several major insurance companies for years and she tells me that the insurance company can use used, new, junkyard, whatever they so choose (not you) as long as they put your car back into it's original conditon prior to the accident. Original condition does not apply to "new" parts" because once it left the showroom floor it no longer qualifies as "new"! It has already depreciated when you drive off the lot! Your only right and its not available in all states, is the body shop of your choice! But insurance companies are attempting to force people to use their "approved" shops so that too may become an issue!
It's a sad thing but these companies are what keep politicians in office and they look for payback after their comrade is elected! It's called "The American way of Doing Business"! They don't like us to use the word "CORRUPT"!

Answer 3

The owe you a bumper that is as good as the bumper you had before. Just because something is "after market" does not mean that it is not as good as quality as the original. Very often, the after-market part is better than the factory part. Although, both dealerships and vehicle manufacturers will try to convience you that the factory part is better, it is not. The only difference between factory part and after-market part is the price. If I were in a wreck, it would not matter to me if it is after-market. All states laws read that the insurance company owes you a part that is as "good as" the factory part.

Answer 4

From what I understand, you do have some room to argue who does your repairs, and using what materials (to a reasonable extent). It's true that the car can never be repaired to the same quality, but part of the property damage claim should include the diminution value (how much less the car is now worth because it was repair). Because they aren't your insurance company, they might try to short change you because you don't have a contract with them. However, because you don't have a contract with them, you could hire a lawyer and take them to court since the coverage isn't bound by contract.