Frequently Asked Questions (FAQ'S)
What is betterment? Betterment,
closely related to depreciation, is the amount the value of your
car has been increased by the repair. It is normally applied to
items which wear out and are usually replaced during the normal
life of a car. For example, if your tires are 60% worn out and
one of them is damaged in an accident, it would be replaced with
a new tire but the insurance company would only pay 40% of the
tire's cost. The 40% represents the useful life remaining. You
would be responsible for the remaining 60% in this example.
In the New Jersey Unfair Claims Settlement Practices
Regulations, N.J.A.C. 11:3-10.3(i) states in part: "Deductions
for betterment and depreciation are permitted only for parts normally
subject to repair and replacement during the useful life of the
insured motor vehicle. Deductions for betterment or depreciation
shall be limited to the lesser of an amount equal to the proportion
that the expired life of the part to be repaired or replaced bears
to the normal useful life of that part, or the amount by which
the resale value of the vehicle is increased by the repair or
replacement. Calculations for betterment, depreciation, and normal
useful life must be included in the insurer's claim file."
A key point in the above regulation is the "lesser
of..." provision. Keep this in mind when reviewing or negotiating
any depreciation or betterment on your claim.
What are aftermarket parts?
Aftermarket parts, also known by several other terms including
"imitation parts", "offshore parts", "quality replacement parts",
and "non-OEM parts", are made by someone other than the vehicle
manufacturer, and do not meet the same specifications as the original.
What is Steering?
Steering is a practice where some insurers will attempt to recommend,
direct, encourage, or otherwise influence a consumer to use a
repair facility selected by the insurer. The shops selected by
the insurer are usually part of the insurer's direct repair or
referral program, and are frequently required by the insurer,
as a cost cutting measure, to use lower cost aftermarket or non-original
parts which may not truly restore the safety, appearance, and
value of your car to pre-accident condition, and which may jeopardize
your factory warranty. You, the consumer, have the right to use
any licensed repair facility that you choose. Although they can
recommend, the insurer cannot require you to use a specific facility
or select from a list of their "preferred" shops. N.J.A.C. 11:3-10.3(e)
states in part: "..., the insured may use any repair facility
of his or her own choice. ...."
This page is still under construction. Many more
questions will be added. If you have a question you feel should
be included, please E-mail it to us.