Wife involved in an auto accident

[Forgalspop]

On June 22nd my wife was involved in an auto accident.

She was stopped at a stop sign at the Hwy 105 and Hwy 33 intersection. A man in a GMC pickup came barreling across Hwy 33 and failed to yield to a driver headed East on Hwy 33 headed to Tulsa. The man headed East on Hwy 33 hit the pickup and spun around and the ended up hitting my wife’s car that was stopped at the stop sign on Hwy 105.

The man driving the pickup admitted to the Highway patrol and everyone there, that he was at fault and caused the accident.

The man at fault has Allstate insurance and they are liable for all damages.

The problem we are now having with Allstate is they are refusing to pay for OEM replacement parts for my wife’s car.

The car is currently in the body shop and I had instructed them to only use OEM replacement parts, which they have already ordered.

My wife has spoken with Allstate a couple times on this matter and they refuse to budge on paying for OEM factory replacement parts.

I have tried to find out if they can mandate a non-policy holder to use aftermarket inferior parts. Allstate says by law they can.

Has anyone had a similar situation arise, and if so, how did you handle it? Should we get an attorney involved? Thoughts?

See attached pictures.

 

[hunter966]

Yes sir, my neighbor had a calf out in the road and it jumped in front of my truck and banged it up. His insurance company did the same thing to me on not using after market parts.

Luckily the 1st guy I delt with made the mistake of saying to me they would only use new OEM parts so I was able to hold them to it.

Only advice I can give is fight till the very end and insist they only use new OEM parts, you may not win but you gotta try.

 

[John6185]

The car had OEM parts on it when she was hit so they should replace it as it was before the accident. I’d get a lawyer and let him work it out. Your wife probably has “unknown” injuries which won’t show up for awhile. She needs to see a doctor. I speak from personal experience.

 

[Big House]

What does your insurance company say?

 

[red dirt shootist]

That's how they do it, so you might do some exercises that help you limber up, it will make grabbing your ankles less painful.

 

[GlockPride]

I’d quit speaking with the insurance of the person at fault. You have an insurance company with lawyers, right? Use them, that’s why you pay your premiums.
Don’t forget to include loss of use and diminished value too.

 

[Zachrankin]

Why are y’all negotiating with there insurance company?

 

[GeneW]

Glad your wife is ok

 

[GutsonBorglum]

I would just tell them that it is OEM parts or we can handle this thru lawyers. Your insurance company may or may not want to get involved depending on the insurance that you have. We were not covered for an accident that we were not at fault on and our insurance company did not get involved. Luckily the other driver had good insurance and they were actually easy to deal with.

 

[dlbleak]

I backed into my daughters car and the body shop got the dealer to price match the aftermarket parts. It didn’t need as much as you car though.
As others have said, see what your agent has to say about it.