What would you do?

Lucy · 08-06-2007, 05:10 PM

Say for instance...

You were involved in an auto accident, not your fault. You select who you want to fix your vehicle which is a dealership. Vehicle is a 2002, right under 41,000 miles. 5 weeks later you go to pick up your vehicle and find that salvage parts were used. Insurance company nor dealership notifies you that salvage parts were being used.

What would you do?

drivel · 08-06-2007, 06:16 PM

Kick my self for not explicitly agreeing to brand spankin new parts ahead of time particularly in light of all my legal reading on the credit boards.

drivel · 08-06-2007, 06:37 PM

Quote:

Originally Posted by drivel

Kick my self for not explicitly agreeing to brand spankin new parts ahead of time particularly in light of all my legal reading on the credit boards.

Sorry, what I meant to say was read through the agreements signed prior to the work being done to ensure that there isn't a provision permitting use of such parts.

spinn · 08-06-2007, 07:26 PM

I saw on Judge Judy once that since you pay for the insurance....you can still sue the driver who hit you. I wouldnt do it unless the other driver did what the guy who hit me did and skip the court date and lie to the police....but if anything weird happened I would consider it. Or the other guy who said he didnt hit me even though ten people saw him hit me should be sued too.

As for the used parts.....I wouldnt worry about that.....we have enough things to worry about I am sure they will be fine.

Pale Rider · 08-06-2007, 07:44 PM

Figure out the value of the car before the wreck. Subtract the value of the car with crappy parts. If it is a large number, sue the insurance company for your "loss".

Lucy · 08-06-2007, 08:43 PM

DH is a smart man and happens to be a smart mechanic. He told the dealership that he wanted Ford parts assuming the service writer knew to use new parts. No contracts were signed because the accident wasn't our fault, we refused to take the car also until everything is put back to pre accident condition. Most auto insurance policies are contractually obligated to return a collision damaged vehicle to the pre accident condition.

Looking at the Ford Motor company website I found that Ford will not honor warranties if salvage parts are used to repair collision damaged vehicles. I had to have almost $7,000 in repair done to my car and this is using salvage parts!!

The adjuster contacted DH today and said he is going to go back and look at things again. A visit to an attorney may be in store but I certainly hope not. The thing too is that the people that hit us have the same insurance company that we do. DH and I were both injured in the accident and it hasn't crossed our minds to sue. I just want my car back the way it was, I don't think asking for new parts is too much to ask.

Hedwig · 08-06-2007, 09:22 PM

Most insurance policies leave that decision up to the insurance company. As long as the parts are in the same condition yours were in, you are considered to have been made whole. That is the obligation of the insurance company.

If you insist on Ford parts, it is quite possible that you will have to pay the difference in price.

I have never had a problem with salvage or after-market parts being used in repairs.

Enigma · 08-06-2007, 10:13 PM

The repair of your vehicle is undertaken by the insurer. You have no say. With that said you need to look at your state insurance laws and your insurance contract.

Most states allow insurers to use LKQ (like, kind and quality) parts. That term can include aftermarket and in some instances, used parts.

Since your car was not repaired with OEM parts, your car value will have been lessened, in the industry known as "residual value". Take your car to an independent third-party insurance adjuster and have them determine the "residual value" factor. Then go back to your insurer and negotiate a settlement based on that value or seek competent legal advice.

Qtip · 08-06-2007, 11:47 PM

I had a similar issue years ago, A druggie broke in car and stole radio. I say a druggie because the car was unlocked and the moron still dropped the window to steal the factory stereo.

Anywho the insurance company tried giving DW a radio from a junkyard and call it the day. After I got off the phone with them they ended up coughing 500 beans for the radio. At the time, they did tell me that replacements parts was at their discretion and they could use salvage parts as my parts where not new anymore. I would see if they are willing to help you out, sometimes playing silly helps. Ask them politely as if you do not know any better, "do I need an attorney for this?" they will probably bend over backwards and tell you that you do not need one.

Hedwig · 08-07-2007, 02:05 AM

Yes, once your car is used, the parts on it are "used parts."

As I said, and Enigma verified, most contracts allow them to use used or after-market parts, depending on the situation.

However, as Enigma and Qtip pointed out, sometimes you just have to talk to them.

I remember once when my ex and I had a pretty expensive car, we got some damage to the hood. I think it was hail, but I'm not sure. We took it to the garage where we got all the work done on that car. We spoke with the owner and decided that we wanted a new hood, we didn't want the one that was on the car repaired. We felt that the metal would stretch and it wouldn't fit right.

The adjuster came to the shop and was talking to the owner about the repairs. He mentioned that it should have a new hood, and the adjuster wasn't sure.

Finally, the shop owner said "Look, Mr. Hedwig already decided he's going to have a new hood. We're only discussing who's going to pay for it." The insurance company decided to pay.

Lucy · 08-21-2007, 11:20 AM

After much going back & forth, our car is being repaired with Ford parts. It took persistence on DH's part but we won out and got what we wanted. Guess it didn't hurt to talk to Dist Mgr and Pres of the insurance company either.