Florida state, Not at fault, 3rd party claim: I got my vehichle appraised and on the appraisal evaluation I realize that I will be getting recycled parts. I called my adjuster again and requested for OEM parts and they refused to do so saying the law is on their side bla bla bla. My car is an 03 and from my understanding since I am not at fault I should be entiled with OEM parts in Florida. Anyone can shed me some lights? thanks..
2007-10-26 01:33:13 · 8 answers · asked by Dom 1 in Cars & Transportation ➔ Insurance & Registration
Well let me rephrase the question which is that I would like to get a brand new OEM parts rather than getting recycled OEM parts which I don't know how good the internal parts are. I believe one way to win this situation is by getting a lawyer and spend lots of time. Other than that look for a darn good auto collision center. Thanks for the tips guys...
2007-10-26 06:16:26 · update #1
The only way you would be entitled to OEM would be if LKQ(like kind and quality), recylced or remanufactured were not available.
The insurance company has an obligation to put your vehicle back to its Pre-Accident condition. And I am assuming since your vehicle is an 03, it did not have brand new parts on it.
For example. If you have an 03 Chevy Cobalt and they are replacing your bumper, They would replace it with a bumper from another 03 Chevy Cobalt. There would be nothing wrong with the bumper they were replacing. The insurance company would not put damaged or unsafe parts on your vehicle.
Hope this helps
2007-10-26 02:16:55 · answer #1 · answered by ♥ Uwish ♥ 6 · 2⤊ 0⤋
No you are not entitled to OEM parts on an 03 vehicle.
You are entitled to have your vehicle returned to pre-loss condition...giving you OEM parts on a 4 year old car puts you in better condition than you were before. You can pay for the difference b/w what the insurance is paying & the cost of the OEM, but the insurance company is right. The only time they will pay for OEM is 1) if your vehicle is within 1-2 years old or ) after an exhaustive search for LKQ/reman'd/aftermarket parts there are none available (and it is documented and proven) OEM should be approved. It's not about your being at fault or not, it's what you are entitled to receive under the law. Just because you are not at fault does not mean you are given what you want.
2007-10-26 13:40:52 · answer #2 · answered by bundysmom 6 · 1⤊ 0⤋
There are other reasons why you won't get the OEM parts unless you pay the difference.
Either insurance company, yours or the other drivers owes to put you back in the position you were just prior to the accident. Thus, you have 5 yr old parts (2008 are out now) and that is legally what they owe you for.
You are not entitled to "profit" from an accident claim. If the company put all OEM parts on a 5 yr old car that would be considered putting you back in a better position than you were in prior to the accident. That would be considered a "profit" since now the car would have a slightly higher value with the new parts.
The issue of putting used or aftermarket parts on cars has been sued many times and the courts and state insurance commissioner offices always find in favor of the insurance companies on this.
If you have concerns about the used parts then talk to the body shop mgr. I bet they have put used or aftermarket parts on their own vehicles in the past.
I've used both used OEM parts and aftermarket parts. And while aftermarket parts are brand new they sometimes have "fit" issues. I've had much better results with used OEM parts.
2007-10-26 06:25:37 · answer #3 · answered by fighting saints 6 · 0⤊ 0⤋
Your car is a 2003.
That means that parts on your car have been driving around on the roads since 2003.
The parts that are currently on your car are used parts. They were new in 2003 when you purchased the car.... but you have been using them for 4 years - they are old now. They are used parts.
The law does not require the insurance company to put OEM parts on your car. They are fully with in their rights and the law to write an estimate with QRP. Sometimes using QRP is actually preferable. If they get a QRP bumper assembly - that comes with all of the bolts etc. that is needed. You can't purchase a new assembly- you have to buy it a piece at a time.
Also - the insurance company does not care if you get an attorney. Contrary to what their tv ads say - we are not afraid of them. We deal with them all the time. And a good claims adjuster will know more about your parts question than an attorney will. (Of course, no attorney will ever admit this).
So -- how do you get your car fixed? You give the estimate to the shop. The shop looks over the estimate and orders the parts. If a used part comes in and it is not in good condition - the shop will not use it. They will then try to find another - if they can't find another - they call the adjuster and the adjuster will probably authorize a new part at that time.
Give the car to the shop - authorize the repair and then let them handle it.
2007-10-26 12:25:37 · answer #4 · answered by Boots 7 · 0⤊ 0⤋
Recyled parts _are_ OEM!
They are parts that have been taken off an 03 or new vehicle which is the same as yours. so your getting identical (if not slightly newer) parts.
Aftermarket parts are not OEM and they are made by a manufacture other then the vehicles manufacture.
In Florida the insurance company can pay for OEM, recycled (LKQ) parts or aftermarket parts. You are more then welcome to pay the difference for 08 OEM parts but you will then have something newer (better?) then you had before.
2007-10-26 05:45:45 · answer #5 · answered by Todd C 4 · 0⤊ 0⤋
Hiya:
By law - you are entitled to what you had. Parts for a used 2003 vehicle.
Can you GET OEM?
You can GET whatever you want (including not even getting the repairs completed.)
If you WANT OEM - you will have to pay the price difference. (OEM price - LKQ price)
Goodluck!
~jifr!
2007-10-26 05:46:37 · answer #6 · answered by Jifr 4 · 2⤊ 0⤋
Unfortunately, the insurance companies have you over a barrel. If your not happy with the claimant carrier's estimate, you can go through your own carrier but if you read the fine print on your policy, your own company reserves the right to use alternate parts. Either way your screwed. Hopefully you've found a reputable shop and they will refuse any substandard parts upon delivery or you can pay the difference for new. By the way, recycled is OEM just not new and is generally a better fit than aftermarket. It seems insurance companies only cut costs when it comes to providing the service for which they collect all those premiums.
2007-10-26 04:02:28 · answer #7 · answered by speedyb_67 2 · 1⤊ 2⤋
Yeah, pretty much the same place that most guys would take an extra three inches. But then again, I am pretty short. I might get more action if I added three inches to my overall height. Unless I take the three inches downstairs, but then walk around without pants or underwear. Of course if I do that, I'll probably end up in prison, and I really don't want that kind of action. So, I'll just be three inches taller, please.
2016-03-13 06:58:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋