At fault insurance company refusing to use OEM parts

I was involved in a multicar accident a couple weeks back. Out of the 7 vehicles involved, 6 were at a complete stop. A septic truck wasn’t paying attention and didn’t notice that that traffic was backed up so they slammed into the car in front of them. This started a chain reaction, which resulted in a car being pushed into mine. I was the last car hit so my vehicle damage is minor.

The septic truck’s insurance already accepted liability and sent out an appraiser last week. I got the appraisal back a couple of days ago and noticed that the parts quoted were all non-OEM. I contacted the insurance about it and they said that’s all they’ll use and it’s the same that my insurance would use. I contacted the body shop at the closest Toyota dealership near me to see what they typically do and the woman on the phone said they’d have to follow what the appraisal said.

Has anyone gotten OEM parts to replace their truck when the accident was not your fault? Any advice what to do next? My truck is a 2017 that I bought new a year ago so it’s rediculous that they’re refusing to replace the OEM parts with the correct part. Also has anyone had any luck/advice with diminished value claims?

Thanks in advance!

 

I am surprised and keep us posted on what happens.

 

Take it to a shop that uses oem parts. If they refuse the quote talk to an attorney. Just haad mine done 9.5k in parts labor

A month ago a deer hit me

Two weeks ago picked up the truck. It is not up to the insurance company how uts fixed. Most stated require to repare to previous status or better. If they wont call an attorney.

 

It’s a 2017 and I’m in Florida.

 

This is the norm for vehicles older than 18mo or 2yrs. I can't remember. What I have found is that non-OEM parts may not be available, then you will get possibly used OEM parts (read: from a salvage yard), then new OEM. You have the right to inspect the used parts.

So, if there is any sort of delay due to sourcing non-OEM parts, push hard on your side. This might be your best route to getting OEM parts. If you have a good shop of your own choosing, they can make it difficult for the at-fault insurance by quoting significant rework for used parts.

Don't forget about diminished value, esp for non-OEM parts. You can bring up possibly inferior material, rust protection, fit, etc.

In the end, get a warranty for all work in writing.

 

Typically unless the truck is under a year old (per the VIN, not necessarily purchase date), you will not get OEM parts.
And there is nothing wrong with that. Toyota charges out the butt for parts that are no better quality than aftermarket OEM equivilents.

Not all states allow deminished value claims in all liability situations so check with your insurance company on that.

 

Happened to me when I was slightly rear-ended a year ago. The ridiculous part is that I found OEM parts (toyotapartsdeal.com) online cheaper than the aftermarket pieces they were quoting. I ended up taking a cash payout for OEM part value after 6 weeks of arguing with them. The guy who hit me originally didn't answer them, so they claim, although I am confident they were trying to get me to go away until I threatened them with a lawyer. 10 mins after they told me they would drop the claim because the guy was MIA and I mentioned I would have my lawyer contact them, they called me back saying the guy miraculously accepted fault.

Play hardball. Mention the L word (lawyer), that usually lights a fire in one way or another. Also see what shop the Toyota dealership uses (mine has their own in-house) who said they'd make sure OEM parts were used. They quoted me $1200 for damage and insurance tried to settle for less than $600.

I also did get some diminished value, after some arguing. They felt I wasn't owed anything since it was just replacement parts (rear bumper) and no "damage" was done. Ridiculous arguments on their end, but of course they're not in the business of giving out money.

 

Short answer: small claims court, WITH jury. Long answer: Whether you will prevail turns on how that jury decides on the question of "replacement with parts of like kind and quality". Your parts were not new, they were used. Therefore the jury might say that the parts being used (new, but non-OEM, or "salvaged parts, used") restore you to the position you were before the accident. Then again, juries hate insurance companies. Their insurance company knows that. The cost difference is minimal between the two, surely less than a judgement against them, AND SURELY LESS THAN THEIR EXPENSE TO RETAIN AN ATTORNEY JUST TO ANSWER YOUR SMALL CLAIMS COURT COMPLAINT. They know that, and may agree, but most of the time they will need an incentive to do so. While a loss means paying their legal expenses, I think I'd go for it.

Something you haven't thought about...compensation for the diminished value of your now-wrecked vehicle. Broach that subject with them when you discuss the above with them. NEVER say anything about attorney's, court, law suit to anyone in a claims office. Doing so gets your case off their desk (what THEY ultimately want, less work) and forwarded to the legal department. And you wanna' see some REAL DICKS then? They are total dicks, and they LOVE to slow things down and fuck with you, just to piss you off.

Look up examples of demand letters on the net. Draft your own, and send it to them certified mail. Ask them, "To what address and to whom do I send you a certified letter?" That usually puts them on notice that you are serious, and that you know your stuff. Resarch small claims stuff as much as possible too.

Another route: ask the body shop if they can guarantee your job with the parts that the insurance company is proposing to use for the life of the vehicle, for as long as you foresee owning it, which "may be 20-30 years", or for as long as they could guarantee it if they used genuine NEW Toyota parts. If the say no, then you have something to discuss with the company and a jury.

Finally, go to the insurance company's website and see if you can find their approved bodyshops, the shops that they have a special, close relationship. Insurance companies seek out to have these close relationships with bodyshops trading their steering of business to the shop and increasing the shops volume in exchange for a better per hour rate. A cozy little symbiotic relationship that you are not a party to. If the bodyshop you are using is one of those then I'd go start all over with another body shop of good reputation and one that you trust. See what they say about the parts that are used. If the bodyshop has a special close relationship with that insurance company, it is likely that they would want to protect that relationship by siding with the party line on used or non-OEM parts, and not be looking out for your best interests in this matter.

 

Ok, I’ll try to call a different dealership tomorrow to see if they use oem parts as well. Hopefully I won’t need an attorney because the ones I’ve been finding around me only deal with cases involved in personal injury but I’ll give that a shot if it doesn’t work out

 

Man that’s some bullshit

 

Go for diminished value as well.....

 

I was rear-ended sept of '17 and I used a shop in the area that pushed for OEM parts other then the bumpers I wanted to change. With that said don't settle on a dealership body shop, I don't know about where you are but there is probably some good ones that aren't part of the dealership.

 

Also I would go after DV hard!

 

It really depends on your state. For example, I know in CA from my last accident:

-They can acquire used parts to repair your vehicle as long as it is the same model year or newer
-You can choose the shop of your liking to repair your vehicle, but to honor your warranty you will need to go to a dealership approved collision center (emphasis this with their insurance)
-Pay out to the repair will go to the owner of the title of the vehicle (so if you're making payments, then the insurance check will go to the bank or dealership, then to the repair shop)
-After repair, your vehicle needs to be inspected by a state approved shop to be deemed road worthy
-You must notify the DMV if you are involved in an accident with damages greater than $800 (IIRC)
-etc....

So it is state law that dictates the parameters around your repair, but you definitely have some say.

 

Why wouldn’t they have totaled that? 10k in damage is damn near 75% value

 

As far as I know, and what I've gathered from insurance companies, is that they will use the cheapest option possible. They will first look for the parts in wrecked/salvage cars, if they don't find those, they look to 3rd party parts. And if they can't find those then they move on to OEM. That's how it usually goes in terms of pricing.

 

I just had work done on my 15 had to replace both passenger doors and they used OEM. What part of FL?