MiniStiGuy Posted July 23, 2009 Share Posted July 23, 2009 Farmers = BOO. Wawanesa has always treated me and my family excellent and being 25 with a LGT and my highly ticketed past record I only pay 800/yr. OEM HID's Rx330 Retro Link to comment Share on other sites More sharing options...
cfaber Posted July 23, 2009 Author Share Posted July 23, 2009 Yup. Winning the internet Link to comment Share on other sites More sharing options...
nm Posted July 23, 2009 Share Posted July 23, 2009 So the resolution for me here is to drop an extra $60 to cover the cost difference from OEM to non-OEM, man what a scam. If I had hit this guy my insurance company would be putting OEM parts back on his car, and for me to get the same treatment I get to fork over more cash. I didn't ask to be backed into and the guy admitted fault. I think the next thing I'm going to do is present the dude with the bill from the body shop and ask for my $60 back (which isn't much, but irritating). If he's a stand up guy he'll just cover it. I think some of you ought to read your insurance policy sometime ... Thier insurance policy does not matter. The insurance policy is a contract between the insured and the insurance company. It applies only to the insured. What we have here is a tort claim between the insured and the victim here. The insurance company has a duty toward the insured to cover the claims against him they were contracted to cover. All that matters beyond them having insurance to cover this (and policy limits) is laws. And there are a ******* shit ton of laws. including alws that cover, exactly what type of body parts are to be used. Now insurance companies and adjusters may claim that the agreement is controlling. This is incorrect, it is only controlling (to the extent that it is even legal in that state) to the insured. Agreed, everyone should read thier insurance policy for other reasons. Which is why I have a policy with agreed value incl modifications, truely equivlent rental car coverage, new OEM part requirement, and a host of other features. I pay extra (though not much for these features). OP, you paid extra for new-OEM parts. I suggest you try to exercise that privledge. I'd note that similarly your contract does not apply to the other insurance company. You have no contract with them. It doesn't control. But it can help. Link to comment Share on other sites More sharing options...
fishbone Posted July 23, 2009 Share Posted July 23, 2009 You really don't want to go there. I suggest you read my post The sad truth is that your car will never truly be back to how it was before the accident and you indemnified. It will always at the very least carry that "it was involved in an accident" stigma on the Carfax. nm+ Thier insurance policy does not matter. The insurance policy is a contract between the insured and the insurance company. It applies only to the insured. I'm confuzed as to what exactly it is that you are arguing. I just said, without relation to this incident, that you should read your insurance policy, especially the fine print. In the end the insurance company will most likely tell you they will pay for non-OEM and if you want something else to go pound sand. You MAY get them to budge if you insist, but I doubt it. C'est la vie. Opie, if you are not satisfied with how the other carrier is handling your claim, then pursue your own policy for which you are, after all, paying a premium just for this situation. Your rates should not be affected since there is no negligence on your behalf in this incident, but I would verify with your agent regardless. The only thing that sucks about going that route is that you will have to pay your deductible up front. Link to comment Share on other sites More sharing options...
rao Posted July 23, 2009 Share Posted July 23, 2009 I am not arguing; I am explaining how insurance works The existence of insurance has absolutely no impact on the liability of the party who caused the damage - NONE. The liability is to return the car to the way that it was (which can include non-OEM parts if they are of the same quality, which is a debate a lot like oil ) or to pay for the value of the actual car damaged - not what an average car or a typical car, but the actual car. If you have an aftermarket turbo and it is damaged the laibility is to replace the turbo you actually have, not what comes on the car from the factory. All of this only applies if it is the other guys' fault, if it isyour fault then it depends on what your insurance policy says. Rob IF YOU CARE ABOUT YOUR CAR YOU SHOULD NEVER DRIVE IT Link to comment Share on other sites More sharing options...
fishbone Posted July 23, 2009 Share Posted July 23, 2009 I appreciate you clearing that up for me, the entire time I was working as a rep I was very very confuzed. They just gave me a desk and wished me best of luck The point I was refuting you on was the tidbit about the value of the car. If you paid 1 million on it, they don't owe you that. They owe you the market value of the car, that is, the original invoice minus depreciation. This, assuming a total loss so they have to do a pay out. For repairs, then see what I wrote above. You can demand a hood replacement per my example, but they are not obligated to pay that unless you have some sort of stipulation on the policy. Otherwise every nimrod would request a new door for every small ding in it. There's remove and repair and then there's remove and replace. It depends. I'm sure that's what you meant so I guess I was clarifying. Link to comment Share on other sites More sharing options...
rao Posted July 23, 2009 Share Posted July 23, 2009 Let me try to make this easier Let's say you are driving a rare Ferrari 265GTB that is worth $1M and someone in a Minivan - no make it a SUV since everyone hates those - slams into you and destroys the car. They owe you $1M - it does not matter what their insurance policy says or if they have one, it does not matter what the owner's insurance policy says or if they have one. Conversely, if like me, you are cruising around in a '73 Chevette that is worth $250 (no matter how cool I think it is that is the value of the car) and the same accident happens, the party at fault owes me $250 for the damage to the car. You are mixing up insurance and liability. Rob IF YOU CARE ABOUT YOUR CAR YOU SHOULD NEVER DRIVE IT Link to comment Share on other sites More sharing options...
FJ60 Posted July 23, 2009 Share Posted July 23, 2009 The issue I'm hearing you guys talk about is inferior OEM. You are incorrectly and unfairly labeling ALL OEM as junk. Some are bad, but not all. Some domestics come with bubbling, peeling paint and rust under the body panels from factory I'm a little confused. Do you mean to say "ALL non-OEM as junk"? If so, how does a consumer know if they're getting the good non-OEM versus the bad one? That's a crap shoot I would be unwillng to make in the future. [FONT=Comic Sans MS][B][I]"Sweep the leg!" - Sensei Kreese, Karate Kid [/I][/B][/FONT] Link to comment Share on other sites More sharing options...
cfaber Posted July 23, 2009 Author Share Posted July 23, 2009 rao makes some good points here. The only other thing to add is that if you don't like what the liable party's insurance company has to say about the damage or what they're willing to pay, your other option is to persue this with additional legal action - i.e. sue them for the money to cover the parts. Likely this would be the case if say the car (a priceless supercar) was parked, then hit and destroyed. The person who hit it likely won't have millions of dollars in coverage to pay the replacement/repair costs. Which means your only other option is to sue for the money to cover the cost of replacement/repair. At least this is what was explained to me by my insurance company. Winning the internet Link to comment Share on other sites More sharing options...
fishbone Posted July 23, 2009 Share Posted July 23, 2009 You are mixing up insurance and liability. I'm not mixing the two. It's true, it doesn't matter what the other guy has on his policy, the other insurance company, the one at fault, has to fix your car and handle your situation in such a way that the total sum that you had to pay out of pocket is equal to zero dollars. You did properly identify the concept of net worth of the vehicle vs what you paid for it, which the insurance company does NOT owe you, so we are straight Link to comment Share on other sites More sharing options...
fishbone Posted July 23, 2009 Share Posted July 23, 2009 I'm a little confused. Do you mean to say "ALL non-OEM as junk"? Yes, I meant non-OEM. The answer is you, as a consumer, unfortunately can't tell. However, the fact that you are getting a lifetime warranty on said parts should set you at ease. I actually don't know if all insurance companies practice this or not, I can only speak for the one I worked for. Both the shop AND the insurance warranted the repairs and the parts if non-OEM made sense. Link to comment Share on other sites More sharing options...
fishbone Posted July 23, 2009 Share Posted July 23, 2009 Likely this would be the case if say the car (a priceless supercar) was parked, then hit and destroyed. The person who hit it likely won't have millions of dollars in coverage to pay the replacement/repair costs. Which means your only other option is to sue for the money to cover the cost of replacement/repair. At least this is what was explained to me by my insurance company. I had a guy wreck a rented Ferrari the day he picked it up. We had to pay several thousand dollars for a vehicle he did not use and was getting fixed in ADDITION to the repairs, as loss of use, because the Ferrari dealer said "look, from date X to date Y I have it on the books that the car is with you. I can't rent the car so you still owe me for the remaining days". So .... you'd be surprised what's covered and what's not. Fortunately we don't drive exotics. Link to comment Share on other sites More sharing options...
pre-dent Posted July 23, 2009 Share Posted July 23, 2009 So fishbone, if your LGT was hit by another person in a parking lot, you would prefer the cheaper non-oem parts to replace it? Link to comment Share on other sites More sharing options...
cino135 Posted July 23, 2009 Share Posted July 23, 2009 man, PM me. I do this for a living, sad as it may be. i know all the tricks shops and adjusters use. some a very tricky, some are in bold face print. there ARE way to get what you want, especially seeing as how you were hit. i would NOT involve your insurance if it all possible, that should be a last resort. Link to comment Share on other sites More sharing options...
cino135 Posted July 23, 2009 Share Posted July 23, 2009 also, they wont tell you this, but you're entitled to a depreciated value estimate. basically, you will get refunded a certain percentage of the repair cost and depreciated value of your car since its been repaired. there are specialists who deal with this matter alone, outside of the INS and body shop business. what i don't know about them is how they get paid. is it a percentage of what you get or ate they paid by an independent agent?! either way, you ashold pursue this bit. Link to comment Share on other sites More sharing options...
fishbone Posted July 23, 2009 Share Posted July 23, 2009 So fishbone, if your LGT was hit by another person in a parking lot, you would prefer the cheaper non-oem parts to replace it? I would pay out of pocket for OEM, probably. But that's because my insurance company does not offer the same warranties as the one I worked for. If it did, I'd go non-OEM without blinking. Link to comment Share on other sites More sharing options...
pre-dent Posted July 23, 2009 Share Posted July 23, 2009 I was just curious. I would be most worried that an non-oem part wouldn't fit perfect. I have seen some pretty ill-fitting aftermarket hoods/bumpers/trunks... We're all car enthuisists here, but not everyone who works for insurance companies are. If after the car rolled out of the body shop with unmatched gaps between the panels, I'd bet it would be hard to convince them that it wasn't up to par. Thus the 'warranty' would be deemed useless. Thus I don't see anything wrong with him expecting OEM parts and repair service at no additional cost. After all, he wouldn't even be in this situation if it weren't somebody else's fault. Why should he have to pay to extra to get what he already had? Link to comment Share on other sites More sharing options...
fishbone Posted July 23, 2009 Share Posted July 23, 2009 The warranty covers plain and simple satisfaction with the repair. In your situation the mismatch would mean the shop takes it back. And you can bet I'd raise a shitstorm about it. Realistically though, I don't think the panels are perfect as they are now. Did you take the time to measure them? Invisible imperfections I'd pass on, but glaring ones, hell no. Link to comment Share on other sites More sharing options...
nm Posted July 23, 2009 Share Posted July 23, 2009 nm+ I'm confuzed as to what exactly it is that you are arguing. I just said, without relation to this incident, that you should read your insurance policy, especially the fine print. There is a misconception that the at-faults party insurance contract controls what the not-at fault party gets. I thought you were arguing that. If you weren't, well at least someone else won't buy that. Let me try to make this easier Let's say you are driving a rare Ferrari 265GTB that is worth $1M and someone in a Minivan - no make it a SUV since everyone hates those - slams into you and destroys the car. They owe you $1M - it does not matter what their insurance policy says or if they have one, it does not matter what the owner's insurance policy says or if they have one. Conversely, if like me, you are cruising around in a '73 Chevette that is worth $250 (no matter how cool I think it is that is the value of the car) and the same accident happens, the party at fault owes me $250 for the damage to the car. You are mixing up insurance and liability. Yes. In the million dollar ferrari case, the minivan driver owes the ferrari owner 1 million. The inusrance companies liability is limited to thier contract. Which in many insurance required states is something like $30k in property damages (and not much more in medical). This is why you want under-unsured coverage. Link to comment Share on other sites More sharing options...
bluesuby Posted July 23, 2009 Share Posted July 23, 2009 My wife's car was hit and the other driver was at fault. I called my insurance company and told them I was having the car flat bedded to a shop I know and trust. They did all the dealing with the other guy's insurance company. The other company sent me a questionnaire and asked me to fill out the accident details. I called them up and told them to get fuxxed and they should get the police report. I told them I want them to contact my insurance company if they have questions. Fortunately, the body shop manager was impressed with the overall condition of my wife's car. He used all oem parts and even readjusted his quote twice (upward) as the work was being done. Guilty party also paid for a rental during the repairs. Body shop guy did a great job. My wife got in the repaired car and could not find any dust inside. I popped the hood to make sure they replaced all the hardware around the headlamp unit they replaced. Yes, and they had detailed the engine compartment as well. I wrote a letter to the dealership owner telling him about the great work their guys did and praised the manager. My insurance rates remained the same. A year later I took her car in for a timing belt and water pump. The service manager plays golf with the body shop manager. He assigned his best mechanic to do the job, and took $100 off because of a "promotion" they had sent out to newer customers. When I dropped the car off, I gave the mechanic $20 for her lunch the next day. Yes, HER. Job was well done and car is good for another 10 years. Link to comment Share on other sites More sharing options...
Scruit Posted July 23, 2009 Share Posted July 23, 2009 I've made 3 claims on my cars in the las 3 years, all the other guy's fault. Each time my insurance paid out, and subrogated the claim. I got my deductibles back and my rates have never gone up. Link to comment Share on other sites More sharing options...
MiniStiGuy Posted July 23, 2009 Share Posted July 23, 2009 I had a women back into my drivers side door. Luckily she left a note and so I contacted her insurance company and opened a claim up. I didn't have the car for 4 weeks and they paid for the repairs and the $700+ in rental car cost. Read up and know your rights and how to deal with things. OEM HID's Rx330 Retro Link to comment Share on other sites More sharing options...
bitz Posted July 24, 2009 Share Posted July 24, 2009 Who would you contact to find a an adjuster for loss of depreciated value on your car because of all the repairs. I just had about 7k of body work done now I'm sure its going to be nearly impossible to ever sell it since a carfax will show all the work done. I think I should get something for that. Also, they used a non-oem or near-oem body parts and the car actually looks great, hopefully though it holds up. Thanks, Adam Link to comment Share on other sites More sharing options...
nm Posted July 24, 2009 Share Posted July 24, 2009 Who would you contact to find a an adjuster for loss of depreciated value on your car because of all the repairs. I just had about 7k of body work done now I'm sure its going to be nearly impossible to ever sell it since a carfax will show all the work done. I think I should get something for that. Also, they used a non-oem or near-oem body parts and the car actually looks great, hopefully though it holds up. Thanks, Adam You need to find out if your state allows it. Many if not most do not. Link to comment Share on other sites More sharing options...
adidasoutback Posted July 24, 2009 Share Posted July 24, 2009 Wow alot of misinformation in here mixed in with facts. My experience was being hit by some one and not being at fault. I took a long time to find out all the damage and then did a walk around with the adjuster. After he made a list of repair and we discussed to my satisfaction how it would be repaired, he then cut me a check, that would repair it at the pre approved shop. I then gave him the estimate and he said, if you would like to go there thats fine, we are 200 bucs short on that check, tell them to call me and list me as your adjuster and I will pay the difference, and if they find anything else we will cut them a check. He also set me up a large rental car for 2 weeks even though the work took 4 days to do. He said you have the right to take it where ever and use OEM parts and have them pay. He said that used, or non-OEM are available and cheaper to them,but that it was your choice but had to be within reason. As in the shop your going to cant have a 900 dollar an hour labor rate when every one else charges 110. He said usually they let will pay out no question asked if an estimate is within reason since shop rates do vary Link to comment Share on other sites More sharing options...
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