South Carolina Auto Insurance Law?

Question:

A couple of weeks ago somebody hit my parked car in the parking lot of a Best Buy store. Luckily, I walked out of the store just at the perfect time to catch him in the act. Now I am working with his insurance company, but they are telling me a couple of things that don't really sound right to me... can somebody verify?
a.) South Carolina law states that used parts can be used to fix my car, as long as they are in "like-new" condition, and are not older than my vehicle.
b.) I must get my car fixed; I am not allowed to simply take the check.
c.) I must get my car fixed where they tell me to get it fixed.

Just some details, I have a New York State license and car, the accident happened in South Carolina with a South Carolina driver.

Can somebody help me out here?

Answer:
Hope I can help clear this up a bit for you. I work in insurance.

A - SC law states that used parts can be used to fix your car, as long as they are in "like-new" condition. This is 100% true. There is a coverage (in SC called OEM) which will guarantee brand new parts for your vehicle, however 9 out of 10 people don't have this coverage, or even know it exists.

B - You must get your car fixed, you are not allowed to take the check. - This is not correct, as far as I know. While insurance companies insist that you fix the vehicle, once they hand that check over to you, they no longer have any say in what you do with it. However, if you have a Lien on it, they do have the right to make the check out to you and the lien holder, thereby 'forcing' you into the repairing the vehicle.

C - You must get your car fixed where they tell you to. This is INCORRECT. You ALWAYS have a choice of where you'd like to get your car fixed. If they tell you they want it fixed at a dealership, you can decline and tell them you want it fixed at Bobby Joe's Jiffy Lube. Insurance companies will have certain companies that they use as a right arm basically. They may tell you to visit one of these certain companies. What happens is that the adjuster then does not have to check the vehicle out personally. He takes the word of the repair shop, and just pays what they tell him to. If you decide not to go that route, the adjuster may find the shop you've chosen to be too high. If that happens, he will only pay you what he thinks the parts and damage are worth.

I hope this helped a little. If you need anything else, just send me an email and I'll try to help!

Good Luck!

South Carolina Auto Insurance Law?

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