Am I not entitled to my original part when replaced by LKQ?

[Chris P. Bacon]

Does anybody know if I'm entitled to my original part when it is
replaced by one of "like quality and kind"? Does a body shop have any
right to keep my original part?

This question is actually just a small part of a VERY complicated
problem I've been having. If you think this question can be better
answered with more information, please email me privately. I'll explain
in more detail.

Thank you.

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[Todd Copeland]

Simple answer. You are the owner of the old part and it's standard pratice
that you are intitled to it. If the shop wants to keep the old part, you
would need to sell it to them (as I suspect that they might want to use the
part like some tire shops do with old tires).

[Isabella N]

>Simple answer. You are the owner of the old part and it's standard pratice
>that you are intitled to it.

Not if the insurance company is buying the replacement part. You've
transferred rights of recovery to them under the policy conditions.

Isa

Do not meddle in the affairs of dragons, for you are crunchy, and good with
ketchup.

[Isabella N]

>Does anybody know if I'm entitled to my original part when it is
>replaced by one of "like quality and kind"? Does a body shop have any
>right to keep my original part?

I think once the insurance company buys the new part, THEY are entitled to the
old part. They could be turning rights to it over to the body shop, in
exchange for a reduced cost on the replacement vehicle.

[Malibuchev]

I agree with other comment. Since the shop is being paid for a replacement
part, the old part still belongs to you. If the shop wants to keep it, have
them pay you some salvage value on the part. It is your part to do with what
you want. If the shop keeps the part, they may use it for repair practice,
sell for scrap metal, etc. They need to pay you if they want it. Most body
shops have someone pick up there sheet metal and they get money for it. It's
your money to keep.

[Todd Copeland]

You might be comparing a repair to a total loss vehicle. The situations are not
the same. When an insurance company pays you for repairs, they are fulfilling
their obligation to pay the cost to put your vehicle back in the same condition
is was prior to the accident. In reality, what you do with those funds is up to
you. They don't have to be applied to the repair cost of the vehicle and the
insurance company cannot come out and take the damaged parts off your vehivcle
either. They are not buying the damaged parts, as in what happens when the
vehicle is a total loss.

But this is not the point as asked. In this case, the shop wants to keep the
parts. Certainlly they don't own the damaged parts.

Isabella N wrote:

> >Simple answer. You are the owner of the old part and it's standard pratice
> >that you are intitled to it.
>
> Not if the insurance company is buying the replacement part. You've
> transferred rights of recovery to them under the policy conditions.
>

[BobColl838]

In MA, the shop has a legal obgilation to ask you if you want your old parts
returned. You supposed to sign off on it. The parts belong to you. In the case
where a core charge may apply, the shop only has to let you inspect it prior to
being returned.
Bob Collins
Wreck Check of Boston
Bob Collins