gregtomash

My car (2000TL w/navi) was “hit and run” while parked on the street a week ago – the whole right side needs to be replaced. Fortunately, people saw the accident and left a note so I was able to provide my insurance with the license plate of the guy who did it - got lucky here. The problem is that my insurance (Commerce Ins.) wants me to use LKQ (used) parts and/or some aftermarket parts made on the other side of the world. Acura dealer recommended a mechanic who, after looking at the insurance appraisal, told me that if he uses these parts my car would not worth what it was before. I also talked to the insurance about it and the guy told me that because my car is over 2 years old, I will not get OEM parts. My question is – don’t they have to restore my car to the pre-accident conditions whatever it takes? What arguments can I use? Appreciate your help!

rozslvk

Depending what state you live in they have to restore your car to the orignal condition. I would gripe to the home office of the insurance company, and the state insurance comissioner. The acura dealer may be of some assistance to you ask...

El pana/TL32

Yes, in a third party claim (your situation) the insurance company is obligated by law to replace or restore to the original manufactures specs. They can't tell you where to take your vehicles or what parts you can use on your vehicle.

However, the replace or restore has to be within "reason". So depending on the damges your vehicle presents, you could justify new parts, used parts, door skins or bondo.... You will have to make a case for your self.

If after all that, they are still holding their ground, I will suggest you contact your state depatment of insurance and file a complaint against the insurance company. I forgot the actual code that states exactly what I said above (the insurance comapany can't tell you what to do with your vehicle, as long as your demands are within reason)

You can also presue what the industry calls, DV Diminish value. Diminished value is the loss in a damaged vehicle's market value after repairs have been completed, Insurance companies don't want you to know about this.

Even if your car was repaired and the repairs were absolutely perfect. Your car has still lost value since it is now perceived by any potential buyer as "damaged goods." This type of loss in value is known as "inherent diminished value" as it applies regardless of the quality of repairs. There are two other types of diminished value as well.

"Insurance related diminished value" applies when an insurance company did not allow for needed repair procedures in the claim or when they required substandard parts to be used in the repair.

"Repair related diminished value" applies when a repair shop was paid to perform needed repairs but did not do them correctly. For example, if a repair shop was paid to repair and refinish a door but the paint is dull or has visible sandpaper scratches, this car has suffered repair related diminished value.

Hope this get's you off to a good start... it might be an up hill battle, but you have to fight for your rights... we don't spend all this money and time on our cars, for some careless fool to come damage it.

Good luck!

Mongolian

Your car is 2000. Insurance company would be stupid if they used OEM parts. I was an adjuster for a while and all I could say is... good luck. Small companies like Commerce West will never replace a 4 years old car with OEM parts. Your diminished value argument won't work. Your car is already 4 years old and depreciation is a bigger factor. I think you'd be better off if they replaced your current parts with LKQ parts. LKQ parts are not substandard and that's why insurance companies use them.

BTW, I believe there is a clause on your policy that your insurance company can and will use LKQ parts where applicable. Oh, and you signed it

If the hit and run guy had insurance just take him to court to make things easier. Judges are clueless about estimates and they will almost always award you the full amount of the estimate. If there is a judgement the guy's insurance company will pay without saying a word. If you are going through your own uninsured motorist policy, I'd try arguing as much as possible and if that fails, file a complaint with your state's department of insurance. That will get your insurance company's attention for sure. If you are in a rental, keep in mind that the amount of time you delay the claim process is coming out of your pocket. Insurance company will only pay for the number of days they are responsible and not the time you caused them to delay the process.

subinf

I ran into a similiar problem yesterday. I was hit at a drive through window, and although I got the other guys info and stuff and am working with his insurance company it is still hard to come to a middle ground about everything. Luckily I have a 2004 TL and was finally able to talk him into okaying a new oem bumper, partly because no cores or reman. bumpers are out yet. He said, as mentioned in other posts, that they look at the costs and try to work out a price from there. He did not reimburse me for the full amount of my estimate because of his labor figures and the going rate, etc.
I did find out that if they did have non-oem bumpers that is what would have gone on my car, pretty much regardless of what i wanted. he did say that they were good for the life of the car and if anything went wrong, unnatural chipping, poor fit etc, it would be replaced. i guess i got lucky with my car still being so new but it makes me wonder what challenges i will have (if any) down the road regarding part replacement.

AustNMike

use the parts....but only go to a reputable shop that offers a warranty on their repairs....usually the dealer is a good one(at least reputable) if you don't know of any shops....you can also call your insurance company and ask for their "preffered shops". anyway, if you get the car back and it has problems, then the shop will address them if you ask...like mentioned earlier, used (LKQ) parts are the way to go between the two alternate parts sources....used parts are going to be Acura/Honda parts that have already been on a TL...aftermarket parts will be new, but usually have more fitment issues....either way though, a good shop will be able to use the parts available and honor any warranty issues that may come up....

the other option is to pay the difference out of pocket between the alternative parts available and the new OEM Acura parts....

NSXNEXT

iTrader: (2)

Why are you even going through your insurance? You have the guys plate number. Call the cops and file a report.

Maybe I'm just missing something here

Acuraguy2002

regardless of what parts are put on your car, your car will never have the same value again.

AustNMike

Diminished Value was mentioned earlier...but the problem is, most states, it's extremely difficult to prove/win a DV settlement....on a 2000, the value cannot suffer greatly due to a collision because the age of the car....DV cases are usually won on new vehicles (current year model).....