by Guest » Thu Sep 06, 2012 08:26 pm
the other person insurance took blame and will fix my car how ever , considering i bought my car with orginal factory parts i request and i am bent to have the new parts being oem parts not aftermarket , however both his insurance and my insurance both say they have the right to use what ever parts they want, i happen to know for a fact that i would not be made whole if aftermarket parts are used on my car, if and when it came time to sell it, what are my rights on this
i am in califorina , should i get a lawyer involved , no one was injured , just my car rear end , im not asking for anything else but to be made whole again with orginal factory parts , i have estamtes and all , ive picked my repair shop , who wont use anything that i requested yet if they insurance company wants me to pay more thats again isnt making me whole pre accident ,so what are my options , this just happen on aug 31 2012 and its been a heck of a week dealing with both insurance companies
i am in califorina , should i get a lawyer involved , no one was injured , just my car rear end , im not asking for anything else but to be made whole again with orginal factory parts , i have estamtes and all , ive picked my repair shop , who wont use anything that i requested yet if they insurance company wants me to pay more thats again isnt making me whole pre accident ,so what are my options , this just happen on aug 31 2012 and its been a heck of a week dealing with both insurance companies
Posted: Mon Jan 14, 2013 10:29 pm Post Subject:
Max, thanks for your comments on the above, I did not get notice that you had commented anymore on this topic. But while we are here, the following has come to pass.
Insurance Commissioner Dave Jones announced that the Office of Administrative Law (OAL) approved amended regulations submitted by the California Department of Insurance (CDI) regarding the use of non-original equipment manufacturer (OEM) replacement crash parts.
"The amendments build on existing protections by requiring insurers to settle automobile insurance claims using repair standards described by the Bureau of Automotive Repair, and not the insurer's own standards of repair," said Commissioner Jones. "This also places greater accountability on the insurer when they require use of an aftermarket replacement part so that damaged automobiles are repaired properly and safely."
entire article
http://www.bodyshopbusiness.com/issue/article.aspx?contentid=108654
Posted: Tue Jan 15, 2013 01:43 am Post Subject:
I see no issues with that new regulation... it really does not change anything. I don't know of any insurer that would want to use defective AM parts.
Posted: Wed Jan 16, 2013 12:52 am Post Subject:
Evidently the problem was that insurers were specifying aftermarket parts that were not cerfitfied. Sourcing and specifying parts that were not certified to meet the definition of like kind and quality to save a buck at the consumer's expense. So many parts have been returned because fo issues of fit and quality, the insurer had refused to pay for restock charges, shipping, and returns. They also will owe for time required to alter the parts to fit which does not make sense. If they don't fit they are not like, kind, and quality parts.
In addition shops will be paid for their time and labor for the attempted use of parts that were supposed to fit but did not. It now is the responsibility of the insurer to pay for these issues instead of telling CA. shops to just deal with the distributors when the insurer sourced and specified the cheaper imitation parts.
Posted: Wed Jan 16, 2013 02:02 am Post Subject:
So before the insured had no recourse when they could show that the parts used were not LKQ?
It seems to me that the only chance is that the DOI now has the power to address the issue rather then the insured needing to pursue the matter.
I agree 100% with the enforcement of using _true_ LKQ parts and the insurance company addressing the issue when it's shown that they are not LKQ. If an insurance company does not do this they should be put out of business. I suspect the number of carriers not doing this is almost non-existent.
Posted: Fri Jan 25, 2013 05:40 pm Post Subject: outcome of case
what is the outcome of this case? has third party insurance paid OEM parts or aftermarket parts. can they force to use recycled parts for rear-ended damage incurred to truck and other parts which are not crash parts. i was not at fault and somebody damaged my new car less than one year old. i filed claim against insurance co of other driver at fault
Posted: Mon Jan 28, 2013 09:19 am Post Subject:
No, they can’t force you to use recycled or after-market parts. The other party’s insurance company is trying to cut down the costs of repair by using after-market parts.
Stick to your decision and point that you won’t accept anything else, other than the original parts. Don’t sign the release paper till you’re satisfied.
Posted: Fri Mar 15, 2013 10:06 pm Post Subject: car
It's an F'ing car! Get it fixed at a reputable shop and see how it looks. If original parts are that important, have insurance pay you for non- original, get your own checkbook out and pay the difference. most people do not keep cars forever, this kind of stuff makes you crazy. Move on.
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