Vehicle Repair - Parts

[Chasey_Lane]

What are one's rights to have original manufacturer parts installed vs aftermarket parts?

BTW, this is for an accident that was not the owners fault, but someone else who caused the accident.

 

[GWguy]

If it's not a "brand" shop, ie BMW, GM, etc.... but rather a local repair shop, chances of getting 3rd party or even salvage from a junkyard are pretty high. Unless you specifically request OEM, you probably won't get it.

It's probably detailed in any work order estimate.

 

[wineo]

What are one's rights to have original manufacturer parts installed vs aftermarket parts?

BTW, this is for an accident that was not the owners fault, but someone else who caused the accident.

Pretty sure if its either body or mech parts, insurance will go with the aftermarket, sure there is some kind of clause that says repair with comparable parts. You would have to check the coverage and see what it says. Most do not use man. parts if there are aftermarket available at a cheaper price.

Check with the Agent. Good Luck

 

[Chasey_Lane]

If it's not a "brand" shop, ie BMW, GM, etc.... but rather a local repair shop, chances of getting 3rd party or even salvage from a junkyard are pretty high. Unless you specifically request OEM, you probably won't get it.

It's probably detailed in any work order estimate.

That's what SF told me and I told him that the accident was not my fault and I'm requesting original parts. He said it is at the discretion of their insurance company and he's doubtful they'll comply. I pay an extra $30 a year, just so I can repair my vehicle with original parts if needed.

 

[sanchezf]

That's what SF told me and I told him that the accident was not my fault and I'm requesting original parts. He said it is at the discretion of their insurance company and he's doubtful they'll comply. I pay an extra $30 a year, just so I can repair my vehicle with original parts if needed.

Call you insurance company they are the ones who tell the shop what to buy that they will pay for...

 

[Chasey_Lane]

Call you insurance company they are the ones who tell the shop what to buy that they will pay for...

The repairs are not going through my insurance company. They are going through the person who was at-fault in the accident.

 

[Chasey_Lane]

Call you insurance company they are the ones who tell the shop what to buy that they will pay for...

I thought I remembered Color Crafters having something on their website. Looky here! Know Your Rights

 

[sanchezf]

The repairs are not going through my insurance company. They are going through the person who was at-fault in the accident.

Yeah I'll call "R" and ask him since thats what he does but I believe even though the other persons insurance is paying for it, it goes off of what your policy allows. STAY TUNED...

 

[Tilted]

If we were talking about coverage provided by your insurance company, then the issue would be fairly simple - it would depend on the terms of the contract you entered into with them (your policy).

However, since we are talking about a situation involving an entity that you do not have a contract with (i.e. someone who is insuring someone who has done you harm), the situation is a little more complicated. Technically, you have a claim against that other person, based on which you could sue them and ask that a court order them to pay you damages. What damages a court would deem appropriate might differ from situation to situation. It could be an amount consistent with the use of OEM parts, or it could be a different amount.

In this case, the insurance company's obligation is to their client, and they don't have any specific contractual agreements with you. However, in order to fulfill their obligation to their client, and depending on the specifics of that obligation, they will usually seek to reach an agreement with you as to damages, and in so doing remove any potential civil claim you might have against their client. If you can agree, then all is well, and the situation goes away. But, if you are unwilling to accept what they are willing to offer, then you have the remedy of suing for an amount that you think is appropriate to make you whole. Fundamentally, it is a negotiation. Your leverage is the threat of a civil suit and a potential complaint to the Maryland Insurance Administration, and their leverage is that you want the money and don't want to go through any more hassle than you have to.

So, there isn't really any easy answer. If you don't like the offer they make, and don't feel like it is fair - then ask for whatever you think is fair. If they refuse, then you have to decide whether or not it is worth the trouble, expense and risk to take it to the next level.

Depending on the situation, it is also possible that your insurance company will handle the situation pursuant to the terms of your policy, and through subrogation seek reimbursement from the other insurance company.

And just to be clear, I am not a lawyer.

 

[sanchezf]

"R" said that it goes off of there insurance and if there insurance has a clause that they can use used parts the can, he said however get a hold of your insurance company and throw a fit because you insurance company being that you pay extra for new parts should make the other company do the right thing. He said but they don't always win.

Did that all make sense ????

 

[Chasey_Lane]

"R" said that it goes off of there insurance and if there insurance has a clause that they can use used parts the can, he said however get a hold of your insurance company and throw a fit because you insurance company being that you pay extra for new parts should make the other company do the right thing. He said but they don't always win.

Did that all make sense ????

Yep, sure did! I pay extra to have original parts, not sure about hubby (we're under separate policies/separate carriers). I'm glad I don't have to deal with SF though - it took a week for them to call.

 

[DEEKAYPEE8569]

If we were talking about coverage provided by your insurance company, then the issue would be fairly simple - it would depend on the terms of the contract you entered into with them (your policy).

However, since we are talking about a situation involving an entity that you do not have a contract with (i.e. someone who is insuring someone who has done you harm), the situation is a little more complicated. Technically, you have a claim against that other person, based on which you could sue them and ask that a court order them to pay you damages. What damages a court would deem appropriate might differ from situation to situation. It could be an amount consistent with the use of OEM parts, or it could be a different amount.

In this case, the insurance company's obligation is to their client, and they don't have any specific contractual agreements with you. However, in order to fulfill their obligation to their client, and depending on the specifics of that obligation, they will usually seek to reach an agreement with you as to damages, and in so doing remove any potential civil claim you might have against their client. If you can agree, then all is well, and the situation goes away. But, if you are unwilling to accept what they are willing to offer, then you have the remedy of suing for an amount that you think is appropriate to make you whole. Fundamentally, it is a negotiation. Your leverage is the threat of a civil suit and a potential complaint to the Maryland Insurance Administration, and their leverage is that you want the money and don't want to go through any more hassle than you have to.

So, there isn't really any easy answer. If you don't like the offer they make, and don't feel like it is fair - then ask for whatever you think is fair. If they refuse, then you have to decide whether or not it is worth the trouble, expense and risk to take it to the next level.

Depending on the situation, it is also possible that your insurance company will handle the situation pursuant to the terms of your policy, and through subrogation seek reimbursement from the other insurance company.

And just to be clear, I am not a lawyer.

"I just play one on SOMD forums." Right?
You sound like you've watched your share of Law & Order though.
Nice Legalese.

 

[Tilted]

"I just play one on SOMD forums." Right?
You sound like you've watched your share of Law & Order though.
Nice Legalese.

I don't think you can learn much about the law watching Law & Order. At least, I hope people don't think they can.

I've just been involved in a fair number of legal matters touching on a wide gamut of issues, causing me to research various legal notions.

But, I don't really think the above post would qualify as legalese.