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  1. #1
    Mr. Demeanor

    Angry As expected, their insurance carrier is refusing to pay for factory parts

    Just as I expected, the insurance carrier representing the trucking company that damaged my truck is refusing to pay for factory equipment. I stated that I have a contract w/State Farm that allows them to use aftermarket but I don't have a contract with the company that hit me. I told them that it had factory parts when they damaged it and that it should be repaired as such. They refused. I live in Illinois and will do some research into Illinois insurance law. In the mean time, if anyone has any info that could help me, I would very much appreciate it. I know some of you have offered advice on my other post. Just thought I would try and squeeze out some more info.


  2. #2
    Registered H2Xmark's Avatar
    My Boats:
    1997 Fountain 35 Lightning
    Join Date
    Apr 2001
    beaumont tx
    I know it sucks, but they have us on this crap, hope it works out for you

  3. #3
    Official OSO boat whore Charter Member
    My Boats:
    8' row boat
    Join Date
    Oct 2000
    Mequon, WI
    Hopefully the truck is in storage. Be sure to keep it there. Don't let them move it.

  4. #4
    Registered Playn's Avatar
    Join Date
    Jan 2001
    In 1999 there was a class action lawsuit brought against State Farm for exactly what you are experiencing. I know State Farm lost the initial suit but not sure how they fared on appeal. The key point was "like kind and quality" as it refers to OEM parts. I believe it was initially found that even though they had in the policy that they didn't have to use OEM parts, by not doing so, the vehicle was not returned to it's "original pre accident condition". Like I said, I don't know what happened on appeal but it should be easy enough to find out. Here is another link I ran across you may find interesting.

  5. #5
    Registered SpectreBoy's Avatar
    Join Date
    Oct 2002
    Grove City, Ohio
    I don't know about where you live, but in Ohio you have the right to have it repaired where YOU want it repaired, so only take it to a shop that uses factory parts and nothing else, say a dealer maybe, or we have a guy here in town that likes messing with the insurance companys, he has a string of body shops and goofy commericals, 3 C Body Shops, in Columbus, call him he's always talking about factory parts and how the ins. co's try to cheat you out of them and he's says you don't have to use them.

  6. #6
    I'm not an attorney, but you may just want to file suit against them and forget screwing with all the small talk. No company wants a judgement against them, many times they will settle out of court. They know if they hold out they can settle for 40% of the original suit, so if you are going to sue, be sure you are ready to fight it to the end. I am the plantiff in a lawsuit with my insurance company and, YOU WOULD JUST NOT BELEIVE what is going on. I'll leave it at that. Put it this way, makes me lose some faith in the human race. Good luck

  7. #7
    Mr. Demeanor
    Playin, thanks for the info. From what I have read, State Farm lost the suit and it is in appeal but they are using only factory parts to avoid further problems. Turn out I have State Farm. I already talked to them and they said they would be happy to fix my truck anywhere I want it fixed. They will take out my deductible and return it when they are compensated by the other company. I'm just going to run it through them and get it fixed. They can deal with the headaches...thats what I pay them for isn't it? Doesn't effect (or is it affect???) my rating as I was not at fault.

    I also read that I am entitled to a settlement based on the reduced value of my vehicle because it was in an accident. No matter how well it is fixed, it has been damaged which reduces its value. If I try and sell it and it pops up with $8K worth of body work on a CarFax report, nobody will pay top dollar for it. The insurance company is required to pay me for that loss. There is a form that calculates the loss on the site Playin posted.

  8. #8
    Charter Member # 55 Charter Member Griff's Avatar
    My Boats:
    ..........32........... Active Thunder
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    Oct 2000
    Don't be so sure about it not affecting your rates. It may not because they know they are going after the other Ins co. State Farm will normally raise your rates for any claim over $700.

  9. #9
    Mr. Demeanor
    I asked and they stated no but I am going into the office tomorrow and i will ask to see the part of of my policy that defines it.

  10. #10
    Ginger or Mary Ann? Charter Member US1 Fountain's Avatar
    Join Date
    Oct 2000
    Lafayette, IN
    As it was explained to us many yrs ago when our car was hit and the Pontiac dealership was required to use after market parts to repair, not that I agree with it................

    Take 2 yr old car, by installing new a factory part, you are in fact making it better than it was right before it was hit. Older car, brand new parts. Insurance would only approve xx amount of $$ for the parts, which dictated the use of aftermarket parts. If we wanted OE parts, we would have to pay the difference. The only real true way to repair is to install a used OE part off the same yr vehicle.

    I agree that if it did not have aftermarket on it when it got hit, it should be fixed with OE parts only. But with used or new? Theres the fine line.

    Our fender bender was over 12 yrs ago. I must admit, the aftermarket fender looked as good as original. It's just the principle of it.

    Only 2 yrs ago my '94 Chevy truck was rearended, it was repaired with with ALL new OE parts. The Chevy dealship and also an independent bodyshop both said they only use factory parts anymore and insurance co's do not require aftermarket anymore. Guess the insurance companies got to much greif over it.
    Last edited by US1 Fountain; 04-15-2003 at 10:44 PM.
    Some people are like Slinkies - Not really good for anything, but they
    bring a smile to your face when pushed down the stairs.

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