Insurance Questions After an Accident

[meatloaf]

OK, so my wife was taking my son school yesterday morning and after slowing down for an accident, she got rear-ended by a car. Wife/son are sore but ok... The tailgate on her 02 4-runner got bent and the bumper seems to be rubbing againt the pass tire. Truck was towed to a shop...

I requested oem replacement parts and the shop says that it is up to the insurance. The other girl's insurance (USAA) claim adjuster tells me that they do not pay the shops for oem replacement parts because the car is 9 years-old. I told him that I would get back with him.

anyone know what the 'rules' are for this?

Thanks,
Luis

 

[Tyler Durden]

I've got USAA. I'm pretty sure that outside of three years old, they don't cover OEM parts. That being said, it would be beneficial for you to cover the difference and have the shop order OE parts.

I'm 99.9% sure that they aren't going to cover OEM parts for a nine year old vehicle. :2cents:

 

[Aids10]

Bet the people you were talking too are out of state, and they certainly would not be familiar with every states ins. code, or more accurately are just trying you out!

Believe TX Ins. Code states you can demand OEM parts

If the accident was your fault then your ins. co. would state that they can offer what they like per your policy.

Have your frame shot by a body shop making sure it's not bent.

If your gonna loose any vin panels I would be claiming lost value (resale); just play hardball and threaten legal action!

Bunch of !@#$

I've got USAA. I'm pretty sure that outside of three years old, they don't cover OEM parts. That being said, it would be beneficial for you to cover the difference and have the shop order OE parts.

I'm 99.9% sure that they aren't going to cover OEM parts for a nine year old vehicle. :2cents:

 

[Tyler Durden]

Bet the people you were talking too are out of state, and they certainly would not be familiar with every states ins. code, or more accurately are just trying you out!

Believe TX Ins. Code states you can demand OEM parts

If the accident was your fault then your ins. co. would state that they can offer what they like per your policy.

Have your frame shot by a body shop making sure it's not bent.

If your gonna loose any vin panels I would be claiming lost value (resale); just play hardball and threaten legal action!

Bunch of !@#$

Nope. In this case, it's not reasonable to expect an insurance company to cover OEM parts for a nine year old vehicle.

The Texas Department of Insurance

BY LAW, YOU HAVE THE RIGHT TO SELECT WHERE YOUR MOTOR VEHICLE IS REPAIRED AND THE PARTS USED FOR REPAIRS. HOWEVER, AN INSURANCE COMPANY IS NOT REQUIRED TO PAY MORE THAN A REASONABLE AMOUNT FOR SUCH REPAIRS AND PARTS. YOUR RIGHTS CONCERNING MOTOR VEHICLE REPAIRS ARE EXPLAINED IN THE INSURANCE CODE, ARTICLE 5.07-1, A COPY OF WHICH WILL BE MAILED TO YOU WITHIN 15 BUSINESS DAYS.

 

[Aids10]

"reasonable" so get three estimates for repairs using new oem parts from the big bodyshops, and go legal.

 

[meatloaf]

I've got USAA. I'm pretty sure that outside of three years old, they don't cover OEM parts. That being said, it would be beneficial for you to cover the difference and have the shop order OE parts.

I'm 99.9% sure that they aren't going to cover OEM parts for a nine year old vehicle. :2cents:

Yep, that is what they told me. I have a problem with spending my money to fix this since my wife's car was in great shape prior to the accident, so financially, it will not be beneficial to me.

Bet the people you were talking too are out of state, and they certainly would not be familiar with every states ins. code, or more accurately are just trying you out!

Believe TX Ins. Code states you can demand OEM parts

If the accident was your fault then your ins. co. would state that they can offer what they like per your policy.

Have your frame shot by a body shop making sure it's not bent.

If your gonna loose any vin panels I would be claiming lost value (resale); just play hardball and threaten legal action!

Bunch of !@#$

I think the guy I taked to is out of SA. What a pain in the @$$...

 

[Tyler Durden]

"reasonable" so get three estimates for repairs using new oem parts from the big bodyshops, and go legal.

That's exactly what's wrong with this country.

Yep, that is what they told me. I have a problem with spending my money to fix this since my wife's car was in great shape prior to the accident, so financially, it will not be beneficial to me.


I think the guy I taked to is out of SA. What a pain in the @$$...

USAA is Based in SA.

Edit: USAA is good to deal with. Depending on TX law, they might be willing to work with you on diminished value for your vehicle. :2cents:

 

[Aids10]

Yep, big business making the laws in their favor and #$%^ing everyone.

I don't like touching my toes

That's exactly what's wrong with this country.

 

[Tyler Durden]

Yep, big business making the laws in their favor and #$%^ing everyone.

I don't like touching my toes

If insurance companies had to pay for OEM parts to repair every vehicle they had repaired, what impact do you think that would have on everyones insurance rates?

 

[patride71]

If insurance companies had to pay for OEM parts to repair every vehicle they had repaired, what impact do you think that would have on everyones insurance rates?

Exactly...

LKQ doesn't = OEM as far as insurance is concerned.

 

[Aids10]

None, you pay the same monthly ins. costs today on the FZJ as you did in '97; why, because the ins. co. claim they do not depreciate the cars value so they can fully repair if necessary.

Yet they'll try to depreciate your repairs with used/pattern parts!
& if you put up a fight they'll just attempt to total it out
keep comps. and get an independent evaluation; if your ins. total it buy it back cheap and repair/upgrade!

Let someone else be their sucker.

If insurance companies had to pay for OEM parts to repair every vehicle they had repaired, what impact do you think that would have on everyones insurance rates?

 

[meatloaf]

If insurance companies had to pay for OEM parts to repair every vehicle they had repaired, what impact do you think that would have on everyones insurance rates?

I think the rates are already bad/high enough. Most companies just look at the profit margin. so, they make more money by using an after-market part vs oem.

 

[mmw68]

I think they should total it, that way you can use the funds to put your wife in a nice safe FZJ80, maybe a 40th Hummm.... Now where can you find someone selling a nice 40th? Hummm....

Can you just have them cut you a check, and then get it fixed on your dime? Can you source a use bumper and tailgate? Have it painted to match? Hummm?

 

[meatloaf]

Mark,

you ought to be in sales instead of IT. They won't total it. I sure would love to have your 80... I am going to get it fixed myself, just waiting for the adjuster to gaive me the estimate.

ML

 

[mmw68]

So, how much are you getting from the adjuster, you know she would be so much safer in a large suv with air bags, it all about the safety of your family, you buy the 40th today, I'll toss in a free jacket.

(is that salesman enought for ya! )

 

[Michael Hanson]

I was hit by a guy with usaa. They paid for the shop I wanted, toyota parts etc. I was quite happy with them. Not like those crooks at Progressive. 2 cents MIke