Wife involved in an auto accident

[clintbailey]

We switched to Allstate a few months ago and I'm not impressed with them so far. My daughter has a 2018 car, with less than 100k mileage, and they're using aftermarket/used parts on her deer strike damage. I just hope we can get the headlights figured out, since only one was damaged but I don't want her having mismatched lenses.

 

[JD8]

Typically, they need to replace with like, kind, and quality of parts. IF not you could turn in a claim on your insurance minus the deductible and they should subrogate it. However, I would've called the Insurance Commissioner's office. They love to hear chit like this.

Glad it worked out though.

 

[gmar]

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.

@tiasman - anything you can add to this conversation?

 

[918evo]

Shops get at least a 20% discount at dealerships and most body panels are cheap at Subaru. I have purchased OEM Subaru parts cheaper than CAPA (aftermarket) numerous times, so the body shop using OEM Subaru parts is not a big stretch. There isn't a lot of gap in the quality between OEM and CAPA panels. Also, it is very common for body shops to ask for more money from insurance when they tear everything down and start putting it back together. In 2020, when insurance companies were paying out based on pictures, I invoiced and received an additional $4750 supplemental for a friend who was underpaid on a claim.

 

[turkeyrun]

Talk to AllState, again.
Demand OEM parts and tell them you will not back down.
Ask them what Dr they recommend, that your Wife is having some neck and back problems. Get the name(s) and tell them, thank you, now we know who not to use and all further correspondence is to be through your lawyer.

AllState sucks camel balls. They MAY take care of policy holders, but others are SOL.

 

[Lightsluvr]

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.

I'm not an attorney but I have handled hundreds of claims for insurance companies. First, tell me what year model your car is. If it's only a year or two old, then you probably have a right to demand OEM parts. If it's an older car, maybe not so much, because they're replacing used damaged parts with used undamaged parts, if that makes sense. Second, in Oklahoma if you obtain an attorney to represent you for property damage, the adverse insurance company not only has to pay for your car, but they also have to pay your attorney's reasonable hourly fees. (That could cost them more than the damages.) Ask the insurance adjuster about diminished value on your car. Are you renting a car? If not, demand they pay for one. There are ways to play this game if that's the way the adjuster wants to go. Just my experience. Good luck.

 

[AKguy1985]

I would be speaking with an attorney for sure..

 

[GnometownHero]

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.

I would have insisted they total it out of safety and electronics concerns. Modern vehicles cannot be rebuilt and still be reliable imho