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Insurance wants to use Non-OEM parts on my car! What do I do?

ENFerrari 1,254 297 September 30, 2011 at 07:02 PM
Hi,
I have Allied insurance (its owned by Nationside) and my car was recently involved in an accident.
It was the other drivers fault btw.
Anyways, the bumper, bottom metal, and and the grey part on my 2007 Mercedes Benz GL450 is all damaged.
They didn't mention anything about oem or non-oem parts until I asked...they said that "I don't have OEM coverage" so they wont cover me for OEM parts. I said that it was never mentioned to me when I was renewing my insurance. They told me basically that its my problem and suggested that I should go to another insurance after the car is fixed. What should I do or tell them? Last time I got my car hit, (it was my other Gl450), the car had major problems after the fix and the job was really poor...I ended up trading it in. I don't want NON-OEM parts yet they are telling me I have to get them. I though State Farm got sued for this a while back. Also the adjuster said that it should cost $2000 to get fixed and that's how much I will be reimbursed. Im in California so if you guys know any laws I can mention or have any suggestions on what to tell them please let me know
Thanks

I'll take pics later.

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#2
Well you do have a cheapass insurance company, but if the other driver is at fault, it shouldn't matter, because your insurance doesn't pay, the other guy's insurance pays. Your insurance co should have a list of authorized repair centers, so go to one and have them do the work. Tell them you insist on OEM parts. I actually didn't know that there were non-OEM bumpers available.
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#3
Quote from Rebound View Post :
Well you do have a cheapass insurance company, but if the other driver is at fault, it shouldn't matter, because your insurance doesn't pay, the other guy's insurance pays. Your insurance co should have a list of authorized repair centers, so go to one and have them do the work. Tell them you insist on OEM parts. I actually didn't know that there were non-OEM bumpers available.
They aren't even that cheap. Geiko seems much better and cheaper than this garbage company. How much would a repair like this go for?
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#4
This is BS they didn't tell me anything about the OEM coverage...and I will be assertive about the fact that its the OTHER parties insurance that gets billed. Their excuse was that the other party doesn't have OEM coverage.
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#5
Quote from ENFerrari View Post :
This is BS they didn't tell me anything about the OEM coverage...and I will be assertive about the fact that its the OTHER parties insurance that gets billed. Their excuse was that the other party doesn't have OEM coverage.
That is a load of crap. The other driver carries a liability policy. As long as that policy is in excess of your damage you could demand OEM parts. I would just pay out of pocket then sue the other driver in small claims. The insurance co will appear on his behalf. It may very well be that your collision coverage does not cover oem, but the others liability coverage sure does (its a monitary cap).
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#6
Do not accept this for bumpers because all aftermarket bumpers are inferior, even CAPA certified ones, and won't protect the car as well as factory originals. Consumer Reports ran tests on bumpers and fenders and found that fenders corroded much worse than factory parts (and they don't fit as well). Ford even issued this video:

http://news.consumerreports.org/c...tests.html

At the very least you'll suffer decreased value because of non-OEM parts.

Have the insurance company prove, in writing, that aftermarket parts are just as good.
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#7
Why would you have a 'Ferrari' as a nick and drive a Mercedes? Beats me.
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#8
I was informed by Allstate (insurance of the driver that hit me years ago) and my insurance company (American Family) that non-OEM parts are industry standard when the vehicle is more than one year old. You're out of luck, sorry.

The reasoning for this is that OEM parts are brand-new. You didn't have a vehicle in brand-new condition prior to getting hit, so giving you OEM parts would be putting you in better shape than you were before.
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#9
now that's interesting.
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#10
Quote from redmaxx View Post :
I was informed by Allstate (insurance of the driver that hit me years ago) and my insurance company (American Family) that non-OEM parts are industry standard when the vehicle is more than one year old. You're out of luck, sorry.

The reasoning for this is that OEM parts are brand-new. You didn't have a vehicle in brand-new condition prior to getting hit, so giving you OEM parts would be putting you in better shape than you were before.
And non-OEM parts aren't new? A better argument would be your car came with OEM parts and therefore should get OEM replacement parts. If they're really worried about the age of the parts, tell them fine; you demand five year old replacement OEM parts or a clear statement in the relevant policy that declares you ineligible for receiving OEM parts.
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#11
Quote from redmaxx View Post :
I was informed by Allstate (insurance of the driver that hit me years ago) and my insurance company (American Family) that non-OEM parts are industry standard when the vehicle is more than one year old. You're out of luck, sorry.

The reasoning for this is that OEM parts are brand-new. You didn't have a vehicle in brand-new condition prior to getting hit, so giving you OEM parts would be putting you in better shape than you were before.
But OEM doesn't imply new. It just implies that the parts were manufactured by the original company and thus are probably higher quality than non-oem parts. It's the same way with OEM vs non OEM parts for electronics. Ever see those knock off batteries on ebay? Exactly.
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#12
check out this article.
http://www.law.fsu.edu/journals/l...earden.pdf

every state is different. However keep in mind that in the Avery case, the plaintiff was trying to collect under his collision portion of his policy. However, if you file a claim direcly against the at fault driver in small claims, you should be able to recover all you costs using OEM parts and the DEALER to repair your vehicle. As long as the at fault driver has a policy of insurance, and even the minimum coverage (usally 10-15k varies by state) then your small amount of damage should be covered in full.
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Quote from Mixels View Post :
And non-OEM parts aren't new? A better argument would be your car came with OEM parts and therefore should get OEM replacement parts. If they're really worried about the age of the parts, tell them fine; you demand five year old replacement OEM parts or a clear statement in the relevant policy that declares you ineligible for receiving OEM parts.
Quote from XReflection View Post :
But OEM doesn't imply new. It just implies that the parts were manufactured by the original company and thus are probably higher quality than non-oem parts. It's the same way with OEM vs non OEM parts for electronics. Ever see those knock off batteries on ebay? Exactly.
The idea here is solely value. A brand-new OEM part carries a much higher $ value than a brand-new aftermarket part. Since the value of the parts on your car are less than brand-new OEM, new aftermarket parts better matches the current value of your car. And that's all the insurance company is required to do, by contract.
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#14
Quote from redmaxx View Post :
The idea here is solely value. A brand-new OEM part carries a much higher $ value than a brand-new aftermarket part. Since the value of the parts on your car are less than brand-new OEM, new aftermarket parts better matches the current value of your car. And that's all the insurance company is required to do, by contract.
And your counter argument is that you can't replace a lost apple with an orange. Unless the insurance company can demonstrate, to your satisfaction, that third party parts for your car a) are of equal or higher quality than OEM parts, b) meet or exceed safety ratings of OEM parts, and c) will not adversely affect the resale value of your vehicle, you have a strong argument for insisting on OEM parts. Unless the policy in question explicitly says differently, I'd wager you're well within both your rights and privileges to push that argument.
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#15
ENF, Keep in mind that in some states such as NJ, your insurance company must allow you to use OEM parts but you must pay the difference. So pay the difference, THEN sue the other driver for the balance. Just make it clear to your insurance company that that is your intention, they must give you confirmation that they will not release the at fault party (with respect to the difference between OEM and NON) after their insurance company pays the lower amount (in your policy you agreed to give YOUR insurer subrogation rights, so they have the right to sign away your claim if they pay you).,
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