Geico/Aftermarket Parts

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PostPosted: Thu May 07, 2009 12:53 am   Post subject:   

Quote:
You are correct, that is if they meet the criteria established in the state statutes that they are like, kind, and quality. The court ruled that a/m parts did not meet that definition.
Not exactly, as I saw it. From what I saw it was the same point other courts have made, that non-OEM parts are not OEM parts. It's not a question of how close they are in this case. I'm guessing that the AmFam policy was written as others had been, that the insurance company would put the vehicle back in the same condition. AM parts are not the "same"... never claimed to be. They claimed to be of the same _kind and quality_. So the courts are not ruling on the quality of the AM parts, only that they cannot be the "same" as OEM so the insurance company is not fulfilling their part of the _contract_.
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PostPosted: Tue Jul 07, 2009 4:34 pm   Post subject:   

The insurance company want to use aftermarket parts on my 2008 Toyota Corolla. Their reasoning is that the car has over 12000 miles. Is that a good reason?


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richgirl
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PostPosted: Tue Jul 07, 2009 8:26 pm   Post subject:   

Quote:
Is that a good reason?
Either that or because it's 2 years old (depending on the parts that are used), yes.



It appears that this carrier is pretty aggressive on using AM parts as many companies will avoid them on 1-2 year old vehicles. Are you sure they are not salvage (LKQ) parts and not AM?
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PostPosted: Wed Jul 08, 2009 4:56 am   Post subject:   

Quote:
Is that a good reason?




Doesn't the policy document state anything about the use of AME parts in repairing the car?
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PostPosted: Wed Jul 08, 2009 5:00 pm   Post subject:   

Rich Girl, is this a first party or third party claim. You are not bound by the terms and conditions of a contract of insurance to which you are not a party if this is the other person's insurance.



Your insurance company may use aftermarket parts in most states IF they meet the definition of Like, Kind, and Quality. In my professional opinion as a repairer and shop owner, they do not. In a recent case in Kansas City, MO, a jury came to the same conclusion when provided with documentation and examples. Imitation, alternative, substitute, and a myriad of other names they are called by, must meet all three conditions. Imitation plastics are more brittle and not as pliable, and the sheetmetal is made from molds that use reverse engineering which do not provide identical parts in terms of fit. The only way to obtain oem parts is to prove that aftermarket parts are not LKQ. That would require that the insurer and shop install the imititation parts and then show how they fail to measure up in the quality department as far as fit and function. If you use an insurance preferred shop, it is highly unlikely that they will assist you in this endeavor. They would not want to offend the hand that feeds them so to speak.



Your insurance company is bound by the terms and condition contained in the policy of insurance. One of those requirements is to restore your vehicle to as near as pre loss as humanly possibly. Some shops use a hold harmless agreement when installing imitation parts and used parts if the insurer sourced and specified their use and place the liability back onto the party that insisted on their use. Sometimes insurers get to pay twice for installing the same parts. Once for imitation and once for original equipment parts that do fit.



If the loss is a third party loss or if you live in Kansas, Georgia, or North Carolina, do not forget to insist on the loss that they never mention to you. That would be the loss in value due to the accident history. That loss is greater when imitation parts are used as the public perception is that they are inferior and insurers only use them to control costs and not quality.



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PostPosted: Wed Sep 23, 2009 2:47 am   Post subject: A/m parts void the warranty.  

Per the act of Congress the



"Magnuson-Moss Warranty Act" states implicitly



Warrantors cannot require that only branded parts be used with the product in order to retain the warranty.


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Pioa
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PostPosted: Wed Sep 23, 2009 11:29 am   Post subject:   

Quote:
Warrantors cannot require that only branded parts be used with the product in order to retain the warranty.




Except in some cases involving a lease. The exceptions and exclusions portion of Mannuson-Moss states the buyer or consumer assumes responibility to maintain the product and be obligated to conform to any existing warranties and or service contracts. Basically this means if the product (in this case a car) has been modified or and any all parts replaced that are not covered by the warranty, effects the transfer or resale of the product, the leasee can be held liable for any costs to uphold the warranty or contract.



Some manufactures such as Lexus and Land Rover have a strict lease turn in policy. If the leasee has modified the vehicle, and or all replaced any OEM parts with imitation parts, they are responsible for replacing them prior to a lease turn in. These can be things like wheels, exhaust, etc. In the case of repair, the leasee can be penalized or charged for the replacement of such items as an AM fender. Some of these dealers will even have a vehicle dismantled if there is evidence or disclosure of colliison damage.
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PostPosted: Wed Sep 23, 2009 2:07 pm   Post subject:   

Quote:
Except in some cases involving a lease.
You're bring up something completely different. What was being discussed was the warranty which is provided by the manufacture. Your talking about the terms of the lease with the leasing company. Two completely different things.
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