I was in a wreck, and I am not at fault. My car's under warranty so how can StateFarm use used parts?

Question

I was in a wreck, and I am not at fault. The car was in immaculate condition and was under full warranty, but the car is an '05. Now, StateFarm is telling me that they will be using some 'refurbished' parts to repair the vehicle. I don't understand how that is legal since the car was under warranty, and If I would have taken it into Honda they would have replaced everything with new parts. Does anyone have any advice on my rights in this circumstance, or at least where I can find information. I understand that in normal circumstances they are allowed to use used parts, but I really don't understand how that is right in my circumstance? Thanks for your help!

Not to be rude, but my husband (owner of the car) is a real car guy. OEM parts are extremely important to him because of his purest views. He can spot a recked car even after it is repaired, and we are kind of hoping the car is totaled just so we won't have a wrecked car. Thanks for you input.

Answer 1

They must use parts that will not void your warranty. Refurbished parts are not warrantied by the original warranty so they should not do that. Call or send an email to your state insurance commissioner and get them involved. Good luck

Answer 2

Ok.. im not sure if state farm is your insurance or at the fault parties (either way it doesnt matter- just makes it easier to explain)

If its your insurance- you signed a contract saying they could use aftermarket and used parts... theres no getting around it.

If its the at fault parties- your sitll not getting new parts. First ill explain why they can use used parts.... your car is used..... its not a 2007 car..... so why would you expect to not get 05 parts on an 05 car? These parts are in perfect condition. You will in no way tell the difference. Now... aftermarket is a little more difficult to explain.... big car companys KNOW uneducated customers think they need all new parts... so they jack up prices knowing that everyone will pay for them anyways.... so.. by law.. insurance companies are allowed to us aftermarket parts... these parts LOOK exactly like the OEM parts.. function just like them... only difference... if you ever took the fender or whatever part off your car... you wouldnt see a little honda logo on the inside.

People who complain about non-OEM and used parts are usually uneducated in this area and dont realize that when you get the car back... no matter how into cars your husband is... you wont be able to tell the difference. A huge company like state farm isnt going to screw you over and put parts on your car that dont match. Besides, you can argue with them all you want... your not getting new parts.

Why dont you wait until you get your car back and see how it looks before you complain?

Answer 3

As everybody else says, it appears that your insurance contract allows them to use alternate parts. That is what you agreed to...

BUT

There is a grey area here too,

THEY agreed to make you whole in the event of an accident. While they may repair the car, if they void your warranty in doing so they have not 'made you whole'.

Since it appears that you can not stop them from using non-oem parts, gather what proof you need to confirm the requirements of your warranty and estimate what the loss of that value is. Then present it to them in the form of a supplemental claim. If they deny that claim you can proceed to press the matter in a civil court (small claims).

They may either simply pay you off for your lost warranty or they may go with OEM parts. But the odds of them going to court are fairly slim since that would cost them more in the long run and give them some bad press (in case some unknown person called the local papers).

good luck...

Answer 4

State farm has a margin of automobile years where they can use non-oem car parts. I believe they can use used parts on anything 3 years old or older.

Just make sure you use one of State Farm's "Preferred Shops" (they can give you a list in your area with one phone call). they will re-do the repairs free of charge (if need be) for the length of your ownership of that car.

If it turns out you're stuck with used parts as part of the repair, don't worry too much about it. They'll leave it looking brand new (really) and no one would ever even know you had an accident to begin with.

Good Luck! Call them at their 800 # and ask about the used-parts issue!

Answer 5

Step one, contact the dealer and ask about the warranty. Will they accept anything but OEM parts without voiding your rights?

Step two: Based on that answer, allow them to fix your car, or tell them what the dealer said and insist on OEM parts only. You do have the right to choose the shop you know.

Answer 6

Your car is a '05 used car, so they can repair it with used parts thats there rights.