Getting Insurance Company to pay for OEM parts?

[Dr. Gonzo]

After 16 years of driving, I was involved in my first accident Friday night. I was stopped at a stop sign leaving my neighborhood and was hit by a family acquaintance, who lives in the neighborhood, because he completely misjudged the turn. My car was hit in front driver’s corner so I need a new fender, bumper, headlight, and miscellaneous hardware. He was very upset about hitting me, admitted fault 100% and it’s written in the police report as such and he was given a citation so it’s as cut-and-dry as it can be. The guy even called me twice over the weekend to apologize. I contacted my insurance company (Travelers) the same night to report a claim even though I’m having his insurance company (The Hartford) pay for the damage.

Yesterday I brought my car to a very reputable shop to get an estimate and was adamant about only accepting factory parts but he told me insurance companies will only pay for aftermarket parts. I told him my concern with aftermarket fitting like crap, etc. and he was totally on my side but it what it is. The total repair with OEM parts is $2800 and the cost difference between OEM and aftermarket is probably ~$200. He said I can pay the difference…

Now here’s my question/concern, has anyone been in a similar situation; getting hit, 100% not at fault, want OEM parts for your repair, insurance company dicking you around? If so, how did you handle it? If his insurance company will not budge, I’m thinking about approaching the guy who hit me and ask him to pay the difference and if he doesn’t, I’ll take him to small claims court, but really don’t want to go down that road. I'm not looking for a windfall, I just want to be made whole with the right parts. I believe I shouldn't have to accept inferior parts since I wasn't at fault.

Any input would be greatly appreciated.

My car is a 2011 WRX hatch. Before this it was mint and is not my daily driver.

 

[Dusten]

One thing you can try with them is see if they will source oem parts from a wrecking yard and then paint them. this will give you the fit you want and at a cost they'll want.

 

[AAG]

Why would you file a claim on your policy if you're not at fault? Now you have a collision claim on your policy and it could negatively impact your rate on your next renewal.

Unless the car is less than a year old, you're getting used or aftermarket parts unless your policy specifically states only new parts are to be used.

 

[Dr. Gonzo]

Why would you file a claim on your policy if you're not at fault? Now you have a collision claim on your policy and it could negatively impact your rate on your next renewal.

Unless the car is less than a year old, you're getting used or aftermarket parts unless your policy specifically states only new parts are to be used.

I've never been in this situation and the officer told me to contact mine. They're not paying a dime for the claim. They're acting as a liaison between me and his company. If that's not the right thing to do, I'll cancel the claim with my company and open it with his insurance company.

 

[SID297]

If you have full coverage let your insurance cover it, that's what you're paying for. They'll sue if need be to get their money back. I would go to small claims for my deductible, though you can probably reach a settlement out of court.

That's the approach I have always taken and it has worked for me.

 

[AAG]

I've never been in this situation and the officer told me to contact mine. They're not paying a dime for the claim. They're acting as a liaison between me and his company. If that's not the right thing to do, I'll cancel the claim with my company and open it with his insurance company.

Canceling the claim with your carrier won't do anything. Your policy now shows a collision claim filed on your policy. Even if nothing gets paid out, this still could impact your premium. This is especially true if you try to shop around with other carriers in the future. They will see this collision claim that you filed.

 

[Dr. Gonzo]

Oh well, you live you learn.

 

[2000gt4.6]

Canceling the claim with your carrier won't do anything. Your policy now shows a collision claim filed on your policy. Even if nothing gets paid out, this still could impact your premium. This is especially true if you try to shop around with other carriers in the future. They will see this collision claim that you filed.

Are you sure about this? His insurance is just acting as an agent to deal with the other company, they aren't paying.

I've had my agent deal with the other company for me and it didn't effect anything on mine as far as I can tell

When my wife hit a board on the road I had a similar experience and ended up paying the extra for OEM parts. I didn't want a non OEM intercooler.

 

[Dusten]

Why would you file a claim on your policy if you're not at fault? Now you have a collision claim on your policy and it could negatively impact your rate on your next renewal.

Unless the car is less than a year old, you're getting used or aftermarket parts unless your policy specifically states only new parts are to be used.

My insurance requires it. Once found not at fault, they close. No I'll affects.

 

[SID297]

My insurance requires it. Once found not at fault, they close. No I'll affects.

Same here, I have State Farm.

 

[Torch10th]

Not all insurance companies only cover aftermarket parts. Many want to go with aftermarket because they are cheaper.

The basic gist of the law in most places is that the car must be brought back to "pre-loss condition." If for instance an aftermarket part is so bad as to render that task an issue, the insurer would have to pay for the proper part.

Get on the horn with your claim representative and request only OEM parts. They may say no, but at that point you let them know that you'll be carefully inspecting the car and will not accept sub-par work. Do not accept the car from the shop until it's 100%.

As far as filing with your own insurance and impacting premium, it depends on your local state laws. Some states like here in Colorado where I am do not allow insurers to raise premiums for accidents where you are not at fault, regardless of who's insurance carrier you work with. There are states that don't have laws like this on their books, so you'd have to check your state's laws individually to see if you run that risk.

 

[BlueSnake01]

My insurance requires it. Once found not at fault, they close. No I'll affects.

Same here, have Mercury Insurance. Premium stays the same even after contact with them with an accident where I wasnt at fault. Happened almost 2 years ago.

 

[AAG]

Are you sure about this? His insurance is just acting as an agent to deal with the other company, they aren't paying.

I've had my agent deal with the other company for me and it didn't effect anything on mine as far as I can tell

When my wife hit a board on the road I had a similar experience and ended up paying the extra for OEM parts. I didn't want a non OEM intercooler.

Yes, I know this from personal experience. Can't tell you how many times I've had customers who are seeking to switch carriers being told by the new potential provider that they are showing a collision claim on their record and are upset (even though a payment wasn't made).

My insurance requires it. Once found not at fault, they close. No I'll affects.

Is this written in your policy? If I'm absolutely not at fault, I don't file under my own policy unless it is an absolute must such as the other party being uninsured or they are denying liability.

 

[Black2010]

was hit by a family acquaintance, who lives in the neighborhood,

Knowing this:

I’m thinking about approaching the guy who hit me and ask him to pay the difference and if he doesn’t, I’ll take him to small claims court, but really don’t want to go down that road.

I don't understand this.

I can't believe that in this day and age people would take someone to court over $200 especially if they are a family acquaintance. He should help out but if not I wouldn't waste my time for that. Couple grand, yes but $200....

As for the insurance, it will depend on state and region as stated above. Let's be honest here for a second though. The value of your car has already taken a hit as it now has a wreck on the title which is much worse than the use of aftermarket parts being used to repair it. I'd be much more concerned about that. Make sure you keep clear pictures of the damage and repair process for the next buyer as it will help.

As it relates to aftermarket parts. I don't really care what they use (new OEM, salvage yard, aftermarket), I just let it be known up front I'm not taking delivery until the car is back to pre-accident condition. If i show up and it's not then they get to redo it.

 

[AustinSN]

Why would you file a claim on your policy if you're not at fault? Now you have a collision claim on your policy and it could negatively impact your rate on your next renewal.

Unless the car is less than a year old, you're getting used or aftermarket parts unless your policy specifically states only new parts are to be used.

If the other party's insurance refuses to pay out, he can have his insurance cover the damage and they will subrogate towards the other insurance.

I've never seen a subrogation claim effect premium.

As far as filing with your own insurance and impacting premium, it depends on your local state laws. Some states like here in Colorado where I am do not allow insurers to raise premiums for accidents where you are not at fault, regardless of who's insurance carrier you work with. There are states that don't have laws like this on their books, so you'd have to check your state's laws individually to see if you run that risk.

^^ This

Yes, I know this from personal experience. Can't tell you how many times I've had customers who are seeking to switch carriers being told by the new potential provider that they are showing a collision claim on their record and are upset (even though a payment wasn't made).



Is this written in your policy? If I'm absolutely not at fault, I don't file under my own policy unless it is an absolute must such as the other party being uninsured or they are denying liability.

There are companies out there that if you have a 0 paid at-fault accident, they will surcharge, they consider it an at-fault accident - below threshold. For instance, my buddy's dad accidentally door dinged someone at a gas station. He filed the claim, but then decided to pay it out of pocket. When I wrote his insurance, he was being surcharged for it by one of my companies. It was super annoying because they told me the surcharge is "less than 10%" but he had 8 cars and 2 youthful drivers. That was almost $600 per year.

OP, you are just going to have to fight for OEM parts. If necessary, ask the guy who hit you to pony up the extra cash for them as well. Underwriting guidelines are state by state but a lot of companies will offer OEM replacement parts coverage. If this were to happen again with the OEM parts coverage, Travelers would pay out and subrogate towards The Hartford for repayment.

 

[Dusten]

Yes, I know this from personal experience. Can't tell you how many times I've had customers who are seeking to switch carriers being told by the new potential provider that they are showing a collision claim on their record and are upset (even though a payment wasn't made).



Is this written in your policy? If I'm absolutely not at fault, I don't file under my own policy unless it is an absolute must such as the other party being uninsured or they are denying liability.

Black and ****ing white. I just got hit a week ago.

 

[Russo]

i would ask him for the $200 and explain why... it sounds like he'd be happy to make it right.. your car is a 2011 though, not a 2017...

 

[nxhappy]

yep, it's on your record now. Which sucks.

if his company pays your company in full for the damages, it will not go on record.

best thing to do: always make those ****ers pay out of pocket, contact NO ONE.

 

[Dr. Gonzo]

Knowing this:



I don't understand this.

I can't believe that in this day and age people would take someone to court over $200 especially if they are a family acquaintance. He should help out but if not I wouldn't waste my time for that. Couple grand, yes but $200....

If it comes down to it, I hope he does the right thing. In a perfect world this shouldn't cost me a dime because it was at no fault of my own. If it's only <$200 I probably won't waste my time even though it should be a slam dunk case. It's just more a matter of principle.

As it relates to aftermarket parts. I don't really care what they use (new OEM, salvage yard, aftermarket), I just let it be known up front I'm not taking delivery until the car is back to pre-accident condition. If i show up and it's not then they get to redo it.

My main concern is it being back to pre accident condition and I know aftermarket body parts don't fit like OEM, they just don't. That said, if it turns out aftermarket parts are used and all the lines match perfectly I won't make a stink. I do have documentation so I should be covered for the future.

 

[svtfocus2cobra]

I deal with this every day as an estimator at a repair shop. Bottom line is that you set up and signed the policy with your insurance company which in most cases includes them using used and aftermarket parts. It's how they can offer the cheap rates they do.

However, if you can find the right shop that will work with you there are ways to get OEM parts while utilizing the initial insurance estimate and payment. One way is to see if the body shop will ask their dealership to do a parts price match with the used and aftermarket parts. For us, lately I have had Toyota and Kia dropping their OEM prices as much as $350 to match the price on a used door shell. I saved over $1000 in parts on that car and in turn was able to wave the customers $1000 deductible.

The other way is to see if the body shop will cut into their parts discount to just buy the OEM parts and maybe pay them a little more to make up the difference, or just pay the difference yourself. Probably the least desirable option though.

What parts do you need exactly?



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