Car insurance - can they use old parts?

[Number21]

I had an accident in my truck a few weeks ago and I'm currently fighting with Progressive for my full coverage for repair. Let's just say I've already switched my insurance to somebody else. As they attempt to weasel out of every last thing, of course they want to use non OEM parts everywhere. That will not happen, and I know by law, I am entitled to OEM parts.

They also want to source a few parts from the junk yard. They would be OEM, but used. Does anybody know if I am entitled to all new parts? Of course, the parts I had before weren't brand new, but that doesn't mean I want somebody else's used parts. We are talking about a late model Ford, so parts are readily available.

 

[michaelluscher]

After the [censored] poor part's they used on my Taurus.
I'd rather good condition used part's go on.
But if new OEM's are available and inexpensive, Make um pay

 

[skyactiv]

Or. Rev. Stat. §§ 746.287 to 746.292

Like Kind and Quality. Without the consent of the vehicle's owner, an insurer may not require, directly or indirectly, that a repair shop supply or install an aftermarket crash part, and a motor vehicle body and frame shop may not supply or install an aftermarket crash part, unless the part has been certified by an independent test facility to be at least equivalent to the part being replaced. An aftermarket crash part is at least equivalent to the part being replaced if it is the same kind of part and is at least the same quality with respect to fit, finish, function, and corrosion resistance.

Warranty. An insurer offering an auto insurance policy that provides coverage for vehicle repairs must provide an insured a warranty for non-OEM crash parts when the insured requests one.

Repair Estimate Disclosure. If non-OEM crash parts are to be used, the repair estimate must include a statement that says:

THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF A MOTOR VEHICLE CRASH PART NOT MADE BY THE ORIGINAL EQUIPMENT MANUFACTURER. THE USE OF A MOTOR VEHICLE CRASH PART NOT MADE BY THE ORIGINAL EQUIPMENT MANUFACTURER MAY INVALIDATE ANY REMAINING WARRANTIES OF THE ORIGINAL EQUIPMENT MANUFACTURER ON THAT MOTOR VEHICLE PART. THE PERSON WHO PREPARED THIS ESTIMATE WILL PROVIDE A COPY OF THE PART WARRANTY FOR CRASH PARTS NOT MADE BY THE ORIGINAL EQUIPMENT MANUFACTURER FOR COMPARISON PURPOSES.

Or. Admin. R. §§ 836-80-210 and 836-80-240

Repair Estimate Disclosure. If non-OEM crash parts are to be supplied or installed, the repair estimate must identify each such part in a clearly understandable manner. The insurer or body shop must give a copy of the written estimate to the claimant.

 

[ram_man]

Wouldnt accept used or non oem. Unless there is proof somehow that the non oem is just as good.

 

[John_K]

When my Sonata was hit, for some reason Erie Insurance said all OEM parts except a piece of trim. Guess what? We had to take it back twice because the trim wouldn't stay. So I would fight anything but new OEM parts in the future.

John

 

[SatinSilver]

I don't mind used oem parts. Much better than new el-cheapo parts imo. If the body shop is decent they will prep the old parts and make them like new. All the parts on your current car are used. Really the only issues I hear about are with cheap aftermarket ones. The used oem parts should fit just fine. The body shop should be able to color match the paint and you're good to go.

 

[Number21]

Originally Posted By: ram_man
Wouldnt accept used or non oem. Unless there is proof somehow that the non oem is just as good.


That's basically what I told the insurance guy. I said they would be fine if they sent me an additional check for the depreciated value of the vehicle. I asked him if he would pay the same price for a perfect, never wrecked vehicle, as one that is clearly advertised as repaired with used and chinese parts? And I didn't really get an answer...

They claim to provide their own lifetime warranty on the non OEM parts, but, if I ever tried to make a claim on that they will try their best to weasel out of it.

 

[Number21]

Originally Posted By: satinsilver
I don't mind used oem parts. Much better than new el-cheapo parts imo. If the body shop is decent they will prep the old parts and make them like new. All the parts on your current car are used. Really the only issues I hear about are with cheap aftermarket ones. The used oem parts should fit just fine. The body shop should be able to color match the paint and you're good to go.


I agree, but the main argument is about value. One of the items is a skid plate. I'm not going to replace it, I don't care if it is bent. Do they owe me the cost of a new one or the cost of a used one?

 

[Jarlaxle]

Anyone who demands new parts should pay an insurance surcharge. Nothing wrong with used parts...and I'd rather have a used OE part than an aftermarket part.

 

[SatinSilver]

Ask for the cost of a new one and tell them they'll be saving on the cost of labor by not having it installed.

 

[Donald]

CAPA certified aftermarket parts are certified to be just as good as OEM.

 

[Wilhelm_D]

Originally Posted By: Number21
.... That will not happen, and I know by law, I am entitled to OEM parts.

They also want to source a few parts from the junk yard. They would be OEM, but used. Does anybody know if I am entitled to all new parts? Of course, the parts I had before weren't brand new, but that doesn't mean I want somebody else's used parts. We are talking about a late model Ford, so parts are readily available.


Some of these states have updated their laws:

State Laws in 2009

Your state law determines whether you can be compelled to use non-OEM parts.

Some non-OEM parts meet the OEM specs. The use of used parts has been part of the industry for decades.

 

[ls1mike]

What is wrong with used OEM parts from a junkyard in basically rust free Oregon. They are OEM. They still have to prepped and painted.

For one I agree with Jaraxle maybe twice. OEM used is just as good.

Your truck was used, used parts are fine. When my 98 Z28 was wrecked I opted for the used parts. Saved the dude and his insurance money. Hopefully that helps keep rates down for everyone.

 

[Number21]

Originally Posted By: Jarlaxle
Anyone who demands new parts should pay an insurance surcharge. Nothing wrong with used parts...and I'd rather have a used OE part than an aftermarket part.


I already pay a surcharge, it's called full coverage.

Many of you are missing the point. I don't care if the parts are "just as good". I don't care what you "think". I just want to know what the law has to say. On OEM parts, it says that I get them. For used parts, I can't find a law.

If they weren't such a bunch of greasy weasels I would be willing to work with them. The way they are treating me, for what I pay, is not acceptable, thus, I will get them for every last nickel and dime I am legally entitled to.

 

[daves87rs]

Originally Posted By: Number21
Originally Posted By: Jarlaxle
Anyone who demands new parts should pay an insurance surcharge. Nothing wrong with used parts...and I'd rather have a used OE part than an aftermarket part.


I already pay a surcharge, it's called full coverage.

Many of you are missing the point. I don't care if the parts are "just as good". I don't care what you "think". I just want to know what the law has to say. On OEM parts, it says that I get them. For used parts, I can't find a law.

If they weren't such a bunch of greasy weasels I would be willing to work with them. The way they are treating me, for what I pay, is not acceptable, thus, I will get them for every last nickel and dime I am legally entitled to.



From someone who pays some of the high rates in the US (MI), please don't whine about your rates...though you and many people will learn, progressive in general is a PITA to deal with. Many insurers with at least try to work with you. And they will drag out whatever you are "entitled" to. But I do agree, it is unacceptable. Something tells me they are going to pretty much do what they want, and make it a long fight....


I've noticed many places that will have some "hidden and buried" rules in their polices, even with my current company (aaa). If a part can't be found, goes over an amount, and so on..I would be more concerned about aftermarket than used OEM. A good shop will leave you never knowing...

My wife had her front bumper replaced twice in six months. First time they used new OEM, and the next time it was a used OEM bumper. And 6 years later, it still looks just fine like it never happened...

Hopefully someone in your state an give you a better heads up, but if there really a per say rule, then it might just go by policy then.....

 

[bvance554]

You are not entitled to OEM parts. They're going to use whatever they can to give you a like new vehicle. There is nothing wrong with getting a fender from a salvaged vehicle. Is it 'used'? Fenders don't acquire miles or wear. I would rather have salvaged body parts than the aftermarket parts that you're otherwise going to get. The salvaged or ''used' part is going to fit better. And that other insurance company that you switched to because you're pi$$ed progressive is going to fix your car in the same manner the next time you wreck.

 

[Number21]

Originally Posted By: bvance554
You are not entitled to OEM parts. They're going to use whatever they can to give you a like new vehicle.


I most certainly am. Answer me this:

Two identical used trucks are for sale. They have the same mileage. Truck #1 is a nice, clean, original truck as it left the factory. Truck #2 is also a nice truck, but it is honestly described as being wrecked, and then repaired. They didn't use Ford parts, they used Ching Chang Wong parts. But those parts look just as good.

Is truck #1 worth more than truck #2?
The answer of course is yes. The only way they can use non OEM parts is if they cut me a check for the depreciated value. That's what the law says.

If I lied and said it was never wrecked, then maybe I could get just as much, but I shouldn't have to lie.

You cannot make a "like new" vehicle without parts from the OEM. Like I said if they treated me like a valued customer and showed me a little respect, I would be happy to work with them. They are fighting every last penny, so I will too. I understand they need to save money but doing so at the expense of angering your customer does not seem like good business practice. I'm not asking them to buy me a new truck, only make mine like it was.

If I hadn't paid a LOT for full coverage, only then would I have nothing to whine about.

 

[The_Jeff]

Originally Posted By: Number21


I agree, but the main argument is about value. One of the items is a skid plate. I'm not going to replace it, I don't care if it is bent. Do they owe me the cost of a new one or the cost of a used one?


So you want to take the money and run?

They have to make you whole, not make you rich. This means new, used, or banging your old one straight.

If you love your vehicle more than its blue book value, no insurance will make you right... except "declared value" for collectibles. Consider it incentive not to get into wrecks.

 

[Number21]

Originally Posted By: eljefino

So you want to take the money and run?

It doesn't matter. They have to pay the same either way. Whether I actually perform the repairs is irrelevant. (And that's what the insurance guy told me)

Originally Posted By: eljefino

They have to make you whole, not make you rich. This means new, used, or banging your old one straight.

Exactly. By whole, you should mean, 100% as it was before the accident. Before the accident, it was entirely made of Ford parts that had never been to a junk yard.

This is probably where I will take it, Leif's, this is the guy responsible for the law we have:
http://www.youtube.com/watch?v=BZ2HvyJmHOE
They already told me on the phone that they would use all new OEM parts.

Also this is interesting regarding diminished value:
http://www.youtube.com/watch?v=YwsClkf3Ogw

The cost difference between OEM and chinese parts here is going to be over $1000. We aren't talking about lunch money.

 

[NHGUY]

Like I keep saying,if they could shut up Flo on those horrid TV commercials they run,they could pass the savings onto customers and actually pay out claims.