by Guest » Wed Mar 04, 2009 04:51 pm
my story is i was involved in an auto accident which really wasnt my fault but both insurances decided both parties were at fault that each person's company pay for their own damages. so i get my repair estimate and check. i review the estimate, and i see that they paid me for RECYCLED parts! the worse part is they gave me a different place for every major part all at least 1½ hour drive from my home. so they expect me to either drive out to get all of these parts or pay shipping for the not so small parts like bumper, fender, ect. its ridiculous i cant just go to a local dealership to buy the parts with the money they've given me which is less than half of the msrp
Posted: Tue Mar 10, 2009 01:31 pm Post Subject:
If the damages are 2K and 4K that equals 6K
I stupidily picked a equally divisible number :roll: 2k guy's carrier is still paying more than they would if they had just paid their ins right? and 4k is paying less than would've had they just paid the liab...What do you propose that they each pay 100% of the other guys? Although no one can be determined 100% at fault? I can sure see how you can equally be at fault, but can't see how you can BOTH be 100% at fault...or as I said in 49/51 states everyone fixes their own...again what is the answer Fred...you make the decision who's at (or mostly) at fault in the ''double backing' parking lot accident (example above)...and then are you going to be happy with it? rarely. On a rare occasion both will agree they were equally at fault..but we both know that's rare. So how is this not the best outcome? they atleast get 1/2 their deductible this way...or it's denied pick one.If one insurer pays 1K and the other pays 2K that equals 3K
The insurer's must love this deal that our mean old, insurer unfriendly legislators and DOI heads have forced them to accept. The Laws the Law..!!
How would I know that? I'm not quite THAT old to have had any in put there...what is the negligence law in your state? (is it PA)?Posted: Tue Mar 10, 2009 04:08 pm Post Subject:
(97 toyota camry)yes i was planning on doing the repair myself since its all body damage to even out my deductable. and no im not a repair tech, it not hard to replace oem body parts, but i was going to leave the painting to the professionals. in all the claims i've ever had this is the first time they gave me money for recycled parts
and in the state of maryland the liability law is if you are even 1% at fault then both parties are equally at fault or so my insurance agent told me
Posted: Wed Mar 11, 2009 01:17 pm Post Subject:
Still didn't say 'what' parts they are...are if you are having the refinish done, if we are talking about (I assume) bolt on parts ie hood, fender etc...the shop will need to edge, and/or paint the underside before they would hang then...most likely they would paint all of these off the vehicle...so I don't understand the deal. give the shop the list of parts pay them to get and paint the parts then go pick them up and put them on the vehicle...
and in the state of maryland the liability law is if you are even 1% at fault then both parties are equally at fault or so my insurance agent told me
hmmmmmmmm i'll have to check that one out.
Posted: Wed Mar 11, 2009 01:52 pm Post Subject:
Found some info for you re: Maryland:
May my insurer repair my vehicle with used parts?
I am assuming Super your policy is not so endorsed correct? (which really for the age of your vehicle I wouldn't either)...If you do have this endorsement...you need to tell the adjuster this(lori side note...I wish ALL STATES and ALL CARRIERS WERE REQUIRED TO OFFER THIS! )Depending upon the terms of your policy, your insurer
may have your vehicle repaired with parts of like kind and
quality, which includes used parts and after market parts
known as non-OEM (original equipment manufacturer).
However, you may purchase an endorsement that obligates
your insurer to use the original equipment manufacturer’s
parts. You should review the language of your policy to
determine the insurer’s obligation.
Something else Maryland does I wish all states did (although their limits could be higher) they REQUIRE : UMPD, UMBI, UIMBI, AND UIMPD! (20/40/15)...again I sure wish all states required this!....
Ok, Maryland in only one of the five still under the doctrine of contributory negligence (rare see this in my part of the country anyway...This is one you should really jump on Fred! :wink: )...you agent has it a little wrong....it does NOT mean as your agent stated
that in the state of maryland the liability law is if you are even 1% at fault then both parties are equally at fault or so my insurance agent told me
Contributor Negligence means if you are even 1% at fault you are barred from recovery...in other words..you can't get the other guys company to pay to fix your car unless he is 100% at fault...They do have Joint and Several...hope this helped answer your question..interesting info (hope I remember it next time a Maryland question comes up though! :roll: )Posted: Wed Mar 11, 2009 03:14 pm Post Subject:
I never knew there was a grading system for OEM parts but that does make sense. The only thing I can not understand in the whole OEM parts debate is why it is made such a big deal. I look at it like this: OEM parts would keep the bill down thus saving on the costs of repairs and hike in insurance (if you were at fault) and it also makes use of good quality parts instead of leaving them lay around and waste. It makes use of these parts and cleans up some of the earth (for all those greener people).
Look at the money the one poster saved by getting OEM parts, having the garage paint them and the poster put them back on the vehicle themselves. That seemed to woprk out pretty well and would be what i would have done.
Posted: Wed Mar 11, 2009 03:24 pm Post Subject:
I am assuming Super your policy is not so endorsed correct? (which really for the age of your vehicle I wouldn't either)...If you do have this endorsement...you need to tell the adjuster this(lori side note...I wish ALL STATES and ALL CARRIERS WERE REQUIRED TO OFFER THIS! )
In a scenario where I carry the special endorsement waiver on my vehicle but was not at fault, and the at fault driver owes for my damages, would you as an appraiser for the at fault party, offer a settlement based on the use of a/m parts or oem parts as my policy provides for? Since I am not bound by terms and conditions of a contract of insurance in which I am not a party to, would you be liable for what my insurer would have had to pay if I had filed the claim first party?
Posted: Wed Mar 11, 2009 03:30 pm Post Subject:
In a scenario where I carry the special endorsement waiver on my vehicle but was not at fault, and the at fault driver owes for my damages, would you as an appraiser for the at fault party, offer a settlement based on the use of a/m parts or oem parts as my policy provides for?
If "I" were given a choice (and I'm betting there are laws on the books in these states addressing this)...no if a claimant was endorsed on their policy for new oem parts then that is what I would use as the claimant carrier...now if there were no laws on the books and my carrier insisted otherwise, i would counsil the vehicle owner to have his vehicle repaired under his collision coverage, and I would front the deductible, and his carrier would then (of course) subrogate the remainder...Since I am not bound by terms and conditions of a contract of insurance in which I am not a party to, would you be liable for what my insurer would have had to pay if I had filed the claim first party?
Again, the states that offer this likely have something on the books addressing this...I (personally) would say yes, because if I don't then then they will use their collision coverage, and i (as the claimant carrier) would be paying it anyway...Posted: Wed Mar 11, 2009 03:40 pm Post Subject:
What if the carrier was one that did not use a/m parts such as State Farm (unless they have recently changed policy) Would you offer the same advice? Front the deductible and let first party subrogate?
Fred, isnt NIQ or not insurance quality an oxymoron? The ones that have been designated IQ often come with 15 mils of paint from three refinish jobs previous bondo work primed and painted over. Unless we as the experts examine these parts before delivery, there is no way to designate them "PLEP" pre-loss equivalent parts.
I will admit, some recyclers are good enough to take pictures and look for previous work if I insist that they will be hauling them back if they do not meet my requirements regarding quality. In describing some of the quality parts to other shops, the local guys often say these are insurance quality but Mike probably wouldn't purchase them.
Posted: Wed Mar 11, 2009 03:49 pm Post Subject:
What if the carrier was one that did not use a/m parts such as State Farm (unless they have recently changed policy) Would you offer the same advice? Front the deductible and let first party subrogate?
yes, 'if' (and only 'if' because it wouldn't matter otherwise) their endorsement also said used parts and used parts were available...but if none, then no there wouldn't be a need. It would be the same outcome either way..The shops I routinely deal with have no trouble at all holding the driver till the part is inspected and then throwing that puppy back on the truck...and any estimate I write in ANY shop (job changed many more shops now)...If I source a used part I tell the shop owner/manager who ever my contact is...''if this part comes in crap I want y ou to call me immediately (preferrably while the truck is still there) if i'm in the area I'll be there in five minutes...if not within 24 hours to look at the part, if it is crap...you can bet your butt that the guy that sourced it to me will get a call...that he is NOT happy to get....I don't know what other adjusters do...but 'mama don't play that crap' you tell me that's an ins. quality (a) part, then that damn well better be what comes in...now...do very large ins. carriers have more pull at these yards than 'one' body shop? sure they do...I have only twice in the past say ten years....not had a situation with a bad part handled immediately....
Posted: Wed Mar 11, 2009 03:59 pm Post Subject:
In your scenario, you the insurer sourced the part. If a repair shop chooses to use the insurer repair estimate instead of their own repair plan and estimate based on their expertise and to use the part you sourced, does the insurer carry any liability in the performance of that part or are you merely writing an appraisal on which to indemnify the policy holder or making an offer for settlement for damages to a third party and you carry no liability for the use of the parts you sourced? The shop that performed the repairs can not claim later if the part fails, we used the parts a third party insurer specified or those parts that your insurer based their amount of loss on?
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