got rear ended last Tuesday evening on stop and go freeway traffic and contacted my own insurance company in the evening to file a claime and obtained claim number and everything and took the car to bodyshop Wednsday morning and got a rental.
this week i've been haggling with my own insurance company for a oem bumper instead of a remanufactured bumper in insurance approve for. wft? the other party is has admitted 100% fault and liability and my own insurance company still denied me of a new oem bumper.
here is the killer, my car is one years old and my own insurance company is dictating or forcing me to use one of their approved body shop in order to provide an oem bumper. IS THIS EVEN LEGAL?, what should i tell my insurance company to get oem parts as replacement?

thanks for any advise or input.

 

try reading your contract
The fine print covers these things- if the other party is paying you should get your car returned to OE condition but its all in the details

 

What insurance company do you have?

 

If the shop does their job properly, you'll never know the difference. With either one, the VIN will be missing from the cover, another hit in value.
If the fine print indicates that aftermarket replacement is what you're going to receive, you can always pay the difference for the OEM cover, but that's like pouring salt in teh wound.

 

if you think about the logic, it shouldn't matter because it is the other party's fault and they've admitted 100% fault and liability, my insurance would just turn around and collect the full amount paid out from them. it makes no sense what so ever.

 

its through costco, ameriprise, the claim adjuster is two ladies, they are just being biatches, i guess.

 

If you live in a no fault state, it doesn't matter if they admitted fault or not. Your insurance pays to fix yours, his insurance pays to fix his.

 

i live in california, and don't know if its a no fault state or not. but imo, judging with strong inclination by the condition of the other party, i don't think they've full coverage. a 1998 ford mustang, two to three different color of a bondomobile

 

doesnt matter if they had full coverage- basic LIABILTY is the required insurance to operate a motor vehicle, and will cover all of your cars repairs and any medical bills for you and passengers

The higher levels of `comprehensive` insurance covers damage to their own car, but has nothing to do with you at all

CA is NOT a No Fault- there is always fault! but thats not your concern
diagrams to be drawn- take pics- thats what you need to do and send in to your agent -
CAll the state insurance commission and ask about the OE parts fine print legality
Its not unusual for insurance company reps to try and save money using cheap parts,,,
Work/fight for your rights and what you are entitled to- we are not lawyers- call the state for more info

 

When you buy an insurance policy, you have entered into a contract. You are bound by the rules of that contract that has been written by the insurance company and apporved by your states insurance regulators. When you seek coverage from your own insurance policy, you are bound to the rules of that contract. Parts usage is spelled out by that contract and are usually based around the age and mileage of your vehicle.

Before you waste your time fighting with the insurance company and pleading to your states insurance regulators, read the contract you agreed upon. That should spell it out for you and clear up any grey areas. Its highly likely your adjuster knows the policy language and is working in accordance with it.

The key is for you to be savvy with state laws and how they apply to the contract you have entered into. Grey areas always go the way of the policy holder (you).

 

here in MN you can ensure oem parts are used by taking your car to your local Acura Dealer. :P Acura dealers do not use non oem parts. They will write up the estimate to repair the car using their bodyshop to do the work (or the one they sublet the work to)

 

that is weird that your insurance would even care about it. My bro has a mercedes and he got bumped in the rear in a drive through. He took it to a local shop ajusa and he asked for everything to be oem and all they asked him was if he wanted his insurance to pay for it or the other party. Of course he said the other party and basically his insurance didn't do anything about it. Its the other party insurance that had to pay for all damages to his vehicle.

 

mmmh thats real odd... Here [in nyc] you can purchase your own parts... as the insurance check is written under your name... not the body shops name...

you can buy your own parts... ie. from eBay or from a local salvage yard and have the body shop use them

check out
car-part.com

good luck

 

here is the kicker, the law here said you have the right to select any body shop of your choice, but the adjuster who approved the estimate said if you were to use one of our approved body shop you would have gotten oem parts. so essentially they are penalizing me for not using one of their approved body shop, or dictating me which body shop to use, itsn't this breaking the law?

 

Is the other party insurance not paying for it or something? Your insurance makes it out to be that they are the one who is paying it, not the other parties. Try contacting the other party insurance yourself see how that goes.

 

NO, his insuarance dont have to pay nothing. Unless other party dont have insurance then yes.


"Your insurance pays to fix yours, his insurance pays to fix his" only this is true when multiple collision , if the car behind hit you and you hit the car in front. so on...

To the OP, I would call back and tell them where you want your car to get fix. Like acura dealer. I think the adjuster trying to play a little game to save their some money, talk to manager if he wont cooperate.

 

2 female adjusters.. you're SOL buddy.. these tactics are usually from ext. contract companies. Get GEICO next time.

 

Most policies state they will use aftermarket parts; when my car has been hit I've contacted the other drivers insurance company first, then told mine that there is a claim taking place.

 

In a no-fault state your insurance covers your vehicle, not the other vehicle.

 

what do you guys think the current bodyshop that has my car now do when i tell them i'm packing up and go to an acura dealer for estimate and repair?
would you guys think they would have an interest in fighting for the supplemental to get an oem part to complete the job?
do you guys think the current bodyshop will and can charge for the estimate?

 

No, no fault means that they (your insurance) cover your medical expenses regardless of who is at fault, but property damage is covered by the guilty party. He's probably getting the car repaired under collision, and then the insurance co. will be reimbursed by the guilty party’s.

 

You left your car at the shop for an estimate?

I've gone to three shops for estimates in one day for front end damage.. bumper, hood, fenders, headlight, mirror.. each time it took about all of 5 mins to do an estimate on damages and 15 mins to print out the estimate work order.. They shouldn't charge you anything unless they started work already. The Acura dealership doesn't do body work so call them and ask what shop they use..

btw.. do you only have bumper damage? Sounds ridiculous to be in such a mess over a bumper. Usually a bumper can be repaired if it's not too bad..

 

How far along are they on the repair or are they still just giving estimates? Press the adjusters more or just take the car to a shop your Acura dealer uses

 

i presume they have not started on any repair yet, technically and legally they are waiting for my sign off approval for any work done and i've not signed off any approval to start work.
no work has been performed yet as of my knowledge and understanding at this time. the bodyshop is a pretty reputable comes highly recommended and the people were moving pretty fast to get the business as we all know the current economy climate. the bodyshop while they wrote up the estimate, they were inpecting and find muffler damage and had arrange for a rental fairly quickly and next thing i know, the rental is here to pick me up.
i had my daughter with me that day and i really don't have the time to go driving around three bodyshops or bodyshop hopping to get estimates.
but all that shouldn't really matter giving the nature of the situation, not my fault, and the law said i've the right to choose any shop i want.

 

forgot to mentioned that there is only a total of $70.00 difference between the oem bumper and the after market or remanufactured bumper.
must caught them on that time of the month.

 

^ damn.. I'd tell them to send you a check and you'll pay the difference.. my experience is ladies like that are always on that cycle just waiting for their next victim.. lol.