Wife involved in an auto accident

[Dorkus]

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.

The big bit is you had USED parts on it when she was hit. You will not win the new OEM part fight but you will if you insist on a minimum of OEM used. I would go that route and avoid aftermarket if you can.

You will not win this fight if your car is more than a year old. Save your energy and focus on used parts.

 

[Dorkus]

PS - lawyers will not want to get involved with vehicle damages, unless there is an injury. That is an empty thread and will only cause delays in your repair.

 

[trekrok]

The big bit is you had USED parts on it when she was hit. You will not win the new OEM part fight but you will if you insist on a minimum of OEM used. I would go that route and avoid aftermarket if you can.

You will not win this fight if your car is more than a year old. Save your energy and focus on used parts.

What about diminished value since carfax will now show accident damage?

 

[SlugSlinger]

They replace with like kind parts. That means unless the car was new, they can use used parts from a salvage.

 

[Dorkus]

What about diminished value since carfax will now show accident damage?

That is a great question. From my understanding (which is dated) is DV is in Arkansas statutes but not Oklahoma. However, I do believe if you are going under someone else’s policy (they hit you), there is Oklahoma case law to allow that claim DV on a newer vehicle. I am not 100% on that info.

I would definitely push it and demand DV if my vehicle was less than five years old or so. If you are at fault and it is your policy, you can’t get it since it is not a defined loss in your policy.

If your car is an older one with high miles, I think you have less of an argument.

 

[TedKennedy]

What does your insurance company say?

This right here. Your insurance company should act as your advocate in this instance.

 

[Zaphod Beeblebrox]

You could go through your insurance company and ask them for new OEM parts, but I can pretty much guarantee your policy says "LKQ" or possibly "OEM equivalent" parts. The policies in OK are very standardized across carriers. If you go through your insurance, you'll lose your deductible, but the at fault company will pay that no problem. Then your company can get the at fault one to reimburse what they paid on your behalf. But it will probably still be "LKQ" parts.

You might have some luck on a DV claim, but I never saw that back in the day (early 2005 ish).

 

[Forgalspop]

I appreciate everyone’s responses and advice.

My wife and I had an in depth discussion with the owner of the collision repair shop and he has agreed to accept what Allstate is willing to pay and install OEM replacement parts. In fact, he ordered the OEM parts before the estimator/adjuster examined the vehicle and insisted on after-market parts. I had instructed him to only use OEM parts no matter what.

My wife’s car is a 2013 Subaru Outback and happens that the owner of the repair shop worked for Bob Moore Subaru for 10 years doing body work, so he has a working relationship with Bob Moore Subaru where he ordered the replacement parts. I am thinking he might be able get better pricing than listed on his estimate.

The owner of the repair shop also stated that more than likely, he will find other issues which he will bill Allstate for in addition to the check they have already issued. I asked him what will happen if they refuse to pay the secondary bill. He stated he won’t release the vehicle until it is paid. That will mean Allstate will be paying for my wife’s rental car for a longer time frame.

Also the estimator/adjuster included a couple parts that do not really need replacing. The owner showed me the parts and I agreed they would be satisfactory.

We did initially contact our insurance company (State Farm) and after talking with them decided not to file an official claim with State Farm, in hopes that our insurance rates would not increase.

We would prefer not to get an attorney involved and that would be a last resort.

I have very little love for insurance companies and see them as a necessary evil. I have about as much love for insurance companies as I do politicians.

I laugh at their advertising slogans, such as, “The good hands people” or “You’re in good hands with Allstate” I guess if you like their hands around your throat or around your testicles, then you are in good hands.

Here is another good slogan. “Like a good neighbor. State Farm is there.” If I had neighbors like that I would change neighborhoods.

Anyhow, thanks for the replies and advice.

 

[Dorkus]

I appreciate everyone’s responses and advice.

My wife and I had an in depth discussion with the owner of the collision repair shop and he has agreed to accept what Allstate is willing to pay and install OEM replacement parts. In fact, he ordered the OEM parts before the estimator/adjuster examined the vehicle and insisted on after-market parts. I had instructed him to only use OEM parts no matter what.

My wife’s car is a 2013 Subaru Outback and happens that the owner of the repair shop worked for Bob Moore Subaru for 10 years doing body work, so he has a working relationship with Bob Moore Subaru where he ordered the replacement parts. I am thinking he might be able get better pricing than listed on his estimate.

The owner of the repair shop also stated that more than likely, he will find other issues which he will bill Allstate for in addition to the check they have already issued. I asked him what will happen if they refuse to pay the secondary bill. He stated he won’t release the vehicle until it is paid. That will mean Allstate will be paying for my wife’s rental car for a longer time frame.

Also the estimator/adjuster included a couple parts that do not really need replacing. The owner showed me the parts and I agreed they would be satisfactory.

We did initially contact our insurance company (State Farm) and after talking with them decided not to file an official claim with State Farm, in hopes that our insurance rates would not increase.

We would prefer not to get an attorney involved and that would be a last resort.

I have very little love for insurance companies and see them as a necessary evil. I have about as much love for insurance companies as I do politicians.

I laugh at their advertising slogans, such as, “The good hands people” or “You’re in good hands with Allstate” I guess if you like their hands around your throat or around your testicles, then you are in good hands.

Here is another good slogan. “Like a good neighbor. State Farm is there.” If I had neighbors like that I would change neighborhoods.

Anyhow, thanks for the replies and advice.

I am really surprised aftermarket parts are available for a Subaru. Interesting to learn.

The whole industry has lots of negatives, not just the insurance companies. Add in what the body shop said about (paraphrasing) “finding other stuff to bill them on”.

Insurance companies, body shops, wreckers, tow lots, parts companies are all part of the screwed up system and have their own faults.

 

[dennishoddy]

My Toyota Tacoma was hit by a person backing out of their driveway.
The body shop and insurance of the person hitting me said there would have to be aftermarket parts as it had 100,000+ miles on it.
I insisted on OEM parts as the truck had a lifetime warranty against corrosion and rust.
Aftermarket parts did not have that warranty. Surprisingly, the insurance company agreed.