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A driver backed into me and my entire rear bumper needs to be replaced. His insurer is accepting 100% liability but is charging me 10% betterment because I had a small scratch on the opposite side of the bumper from where the accident occurred. Is this valid?

State laws differ however in general more laws allow insurance companies to take into consideration that with time and use, vehicle parts wear out and need replacement. Thus there are several types of equipment or parts of a vehicle that can be subject to betterment charges if you have a claim that involves these pieces of your automobile.

Tires, batteries, upholstery and suspension parts are some of the parts commonly subject to betterment charges when they are replaced during the repair process and there is an insurance policy claim used to pay for the repair. We have heard though of insurers charging betterment for bumpers as well if there was previous damage on it. These betterment charges are determined by the insurance company and are pro-rated based on the year, condition, and mileage of your vehicle.

For example the state of Utah notes on its consumer information from its Insurance Department that yes, insurance companies can charge for betterment. Here they explain that if your vehicle is being repaired with newer parts, the company may not have to pay for the betterment. There is no law, or contractual agreements, requiring “replacement coverage” using new parts. However, any deductions for betterment must be itemized on a written explanation of those repairs.

An example UT gives of betterment is one involving the replacement of your vehicle’s damaged five-year old muffler. The insurance company could have it repaired by replacing it with another five-year old muffler. If a five-year old muffler cannot be found, the repair shop could use a new muffler, but you may have to pay the difference.

In most states betterment charges or deductions are allowed however there must be a written explanation of the charges and itemize the parts they say are being "bettered" in the repair process.

You can first check with your state's insurance regulatory body to find out if this betterment charge, or condition adjustment as some insurers term it, is valid and within the definition of your state's laws. If it is but you feel the small scratch is not worth a 10% charge you can try to negotiate the betterment charge down. Some claims adjusters will work with you and others will not, it normally depends upon the guidelines of the insurance company they work for.

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This car insurance answer was last updated 4:13 PM Apr-07.
This claims question was asked 3:11 PM Apr-01-2008.
Mike requested this car insurance help from CarInsurance.com experts.
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