by in2topfuel » Mon Feb 15, 2010 09:11 pm
1994 CAMARO Z28 CONVERTIBLE W/51K MILES IN MINT CONDITION.
FARMER'S IS INSISTING THEIR ESTIMATE OF DAMAGES INCLUDE ALL NEW PARTS (SINCE WE ADDED THIS TO OUR POLICY - "OEM PARTS CLAUSE"). WE HAVE FOUND FEW "NEW OEM PARTS ARE AVAILABLE FOR OUR CAR".
WE ARE DISPUTING THEIR "LOW VALUATION" OF OUR CAR BASED ON "THEIR" APPRAISER (BIG BLOCK) WHO DID NOT EVEN SEE OUR CAR.
OUR APPRAISER "INTERSTATE APPRAISERS" HAS APPRAISED OUR CAR AT TWICE THEIR APPRAISED VALUE, AND OUR COST OF DAMAGES IS HALF WHAT THEY CLAIM?
FARMER'S IS INSISTING THEIR ESTIMATE OF DAMAGES INCLUDE ALL NEW PARTS (SINCE WE ADDED THIS TO OUR POLICY - "OEM PARTS CLAUSE"). WE HAVE FOUND FEW "NEW OEM PARTS ARE AVAILABLE FOR OUR CAR".
WE ARE DISPUTING THEIR "LOW VALUATION" OF OUR CAR BASED ON "THEIR" APPRAISER (BIG BLOCK) WHO DID NOT EVEN SEE OUR CAR.
OUR APPRAISER "INTERSTATE APPRAISERS" HAS APPRAISED OUR CAR AT TWICE THEIR APPRAISED VALUE, AND OUR COST OF DAMAGES IS HALF WHAT THEY CLAIM?
Posted: Thu Feb 18, 2010 12:13 am Post Subject:
If property or parts made for or by the original equipment manufacturer are no longer available in the marketplace, we will repair or replace the property or parts with other property or parts of like kind and quality. Property or parts of like kind and quality includes rebuilt parts, quality recycled (used) parts, and parts supplied by non-original equipment manufacturers.
So basically Farmers failed to follow the policy? :roll:
As I said before, the adjuster knew the parts she selected for the estimate were marked as discontinued. There is no "value" in the estimate. If the vehicle was "repairable" and went to a shop, the shop would have called in a supplement for alternative parts, or would have informed you. Since the shop found these parts and they could have been used as outlined in a portion of the policy above, Farmers just decided not to search for alt parts for whatever reason. I would not believe that if the shop found these parts, Farmers could not. Myself, other adjusters and insurance companies have better resources in locating parts. I use a software program which many insurers use called Hyperlink. It allows me to access salvage yards inventory in a persons zip code from my lap top. I used to wonder when I was in a shop how an insurer was able to locate parts when I could not, now I know. Personally, I would not let this die. Especially now with what we know.
Posted: Sat Feb 20, 2010 08:23 pm Post Subject: 94z28
Sorry I haven't gotten back sooner; my father-in-law has been in the Critical Care Unit for the past several days and this has consumed much of our time (plus I work full time). How do we "not let this die"? My wife has called the Ca. Dept. of Insurance w/mixed responses. Some have rejected our desire to fight this stating "the car is 16 years old, how much can it be worth?" Others she spoke to said we can file a complaint then go for "mediation". Farmer's wants arbitration, but we believe they used fraudulent means (parts prices for parts that are unavailable") to "salvage title" our car. We don't know whether to sue Farmer's, go to arbitration or what at this point. Again, we just want our car fixed w/clean title. Thanks for your help!
Posted: Sat Feb 20, 2010 11:24 pm Post Subject:
I don't know what else you can do. As of the way it stands now, I would let Farmers attempt arb, from what you posted about the policy, it looks like they pretty much ignored it. I have never been employed by a major insurer, but if I pulled something like this with a client of mine, I am sure I would never be asked to do work for them again, or they might even be able to sue me, who knows. I would like to hear what Lori has to say about this. As I said early, I spoke to a friend of mine who is a claims manager for a major insurer, and I spoke to someone with a company I frquently do work for this week. I explained the situation they way both you and your husband have explained it here. Both individuals said an estimate written like that, would have been rejected by their total loss department.
Posted: Sun Feb 21, 2010 12:10 am Post Subject:
I would say if this is as important to you as you say, then you have to pursue it. As I see it the main questions/problem is and your only 'hope' (since you purchased that endorsment) to get this reversed, is to prove there are no oem parts available...
I've found MANY front end body parts on this site
http://www.globalgmparts.com/partlocator/index.cfm?action=getJointLocator&siteid=215744&chapter=§ionids=0,3263&groupid=51892&subgroupid=2734&make=6&model=Camaro&year=1994&catalogid=2&displayCatalogid=0
These are all new oem parts from what I understand. Since I don't know exactly what parts you need I can't ascertain if they have all the parts you need...but your first 'hurdle' would be 'proving' these parts are not in exsistance, and I'm not sure you can...
Posted: Sun Feb 21, 2010 01:09 am Post Subject: 94z28
Went to site and just as examples; the hood and radiator support are unavailable. How could they have used "new oem prices" when they are discontinued? (i.e. unavailable) Sure sounds like low-balling, insurance fraud or something! How do we pursue this? What next? Legal? Arbitration? Complaint filed with CA Dept. of Ins.? I would think if even one part is unobtainable, their estimate is worthless and so was their report to CA DMV claiming our car is "salvage title retention".
Posted: Sun Feb 21, 2010 02:20 am Post Subject:
How could they have used "new oem prices" when they are discontinued?
As Lori pointed, it would appear some parts are still availible OEM. However, if Farmers's estimate is only based on manufacture sources from an estimate, based on an estimating system from "dealers", then the estimate is inaccurate, period. With that being said, I would let Farmers explain where they found these parts. If their estimate total is based on parts, those parts must be made availible and they must produce a source. For example, if I write an estimate that includes the replacement of an aftermarket fender, I have to document where I located the part and it's cost. What is the total amount of OEM parts on the Farmers estimate that are discontinued? What is the parts total of the obtainable parts supplied by the shop?
Posted: Sun Feb 21, 2010 12:10 pm Post Subject:
As Trench had told you time and time again...they have to be able to tell you where the parts are that are on the estimate. Because one site doesn't show a hood doesn't mean there isn't one out there...all I'm saying is..apparently....this is your only way to beat this thing...so if you want to fight it...get back on that horse, call them and MAKE them provide the source for these oem parts..then double check those sources. Then and ONLY then can you hope to turn this around..because if they can provide the parts..this entire conversation is moot. They upheld the agreement that you requested.
Posted: Sun Feb 21, 2010 01:18 pm Post Subject:
This should be pretty easy for you. Demand that Farmers disclose the whereabouts of these parts. If they can't or refuse (unlikely) let them have their have way and let them take it into arbitration. The 3rd party reviewing the dispute will most likely dismiss Farmers action and award you a favorable decision. Are you sure that on this estimate they wrote, there are no notes about these parts. If you have a copy of the estimate and next to the part price look for something like this.
Hood d200.00
The "d" represents a part that has been listed as discontinued.
Posted: Fri Apr 09, 2010 05:50 pm Post Subject: Salvage title Reversal
Hi Guys, read all the back and forth about wanting to reverse a salvage title in California. Nobody ever answered the question, is it possible to have the salvage title designation removed, or is the car branded forever? If it is possible, where would you suggest I start. The original damage was non life threatening and only consisted of a damaged deck lid, which got bent a little bit when the trunk lid struck a low overhang while being backed up with the llid up. It bent the lid and broke the back window. That's it. This happenned several years ago. Any shot at reversal?
Posted: Fri Apr 09, 2010 09:01 pm Post Subject:
where would you suggest I star
your local DMV...that I'm nearly 100% sure of...but let me ask you something...if this happened several years ago, and a damaged deck lid and back glass totaled it...what's the ACV of this vehicle? Honestly a very low ACV vehicle, or basic transportation vehicle, a branded title will not affect much if at all.Add your comment