txathlete

This isn't a TSX question, but I hope that someone on this forum will have the answer. My dad has a Honda Odessy (2003) and that was hit from behind. Estimated damage was $750+ (with new bumper, paint, and labor). This defendant's insurance co. is only willing to pay $500 to cover the repair (using a used bumper). This case is in Texas and I was wondering if it is a Texas law that the ins. co. will only pay for used parts to be put on the car (eventhough the van is practically brand new). Is this legal? Or does my dad have the right to pursue legal proceedings? Thanks for all your help. I really, really appreciate it.

Jason

I'm moving this to the appropriate forum, maybe it'll get more attention.
-J

txathlete

thanks

iamhomin

Is Texas a no-fault state?

ianS

It happened to me last year on my bimmer too! I was rear ended by a truck and the bumper, trunk, tail light, rear panel were all damaged and the bmw bodyshop quoted for $7000 to fix it. Then the insurance said they won't pay it since it is not their preferred bodyshop. So they forced me to towed my car to one of their preferred bodyshop. And they gave a quote of $4500. Then I read the quote break down and found out that they using all replicate/used parts and no rust proofing on the repair. I call the insurance and complain about it and they told me since my car is 3+ yr old so they considered it is a junk car so they dun need to repair it to as "new" condition but just "workable" condition instead. What the fu*k :sqntfawk: I paid the same insurance rate since brand new! I end up paid the different($4000... yes more because I put the Mtech kit & M suspension kit on too) and bring it to other reputable bodyshop to fix my car!

gilboman

you got shafted, unless you are with some ghetto insurance company, you can take it to any bodyshop you want, espcially if its a dealer bodyshop.

txathlete

I called the Texas Department of Insurance and here is what they said: Since the car wasn't off the dealership lot and it is one year old and 10,000 miles, it is not considered "new." Therefore under the insurance policy (pretty much all insurance policies in Texas) they will replace it with "like or equal" parts. They only way they are gonna pay the difference of like $200 is if they have a heart and decide to do it in goodwill. It's $200 f*cking dollars and they won't budge?? WTF! So I called up my dad's insurance policy and asked teh agent if he would make a call to the b*tch at the insurance company of the lady who hit my dad and see if he can work something out with her. IMO it's not right for my dad to have to hit his deductible to pay for the difference.

In Texas, insurance companies cannot tell you where to go to get your car fixed. It is illegal. I should probably send them the 3 highest quotes I get and make them pay the least of those three. I do believe there is no way they can refuse to pay if I let the repair facility put a "used" bumper on the Odessy even if the repair would cost $800, right? . Insurance is a b*tch! Pay good money "in-case-sh*t-happens." I think I should get money back at the end of the year if "sh*t-doesn't-happen." My 2 cents.

ianS

Yes, I can bring my car to ne bodyshop but the adjuster approve it or not is another story. They just willing to pay what their "prefer" bodyshop quote them. You can bring it to ne bodyshop to do the work and you pay the different. :shit:

kenk25

don't know TX laws but can you go to small claims court to recover the difference???