Car Accident - Insurance Aftermarket Parts

[Huntfishcamp]

A cousin of mine was in a fairly bad wreck with her newish truck. She was doing 45mph and quartered an F350 that pulled out in front of her. Her front-end is damaged fairly bad, needing full replacement of pretty much everything up to about the engine block. The question here is about vehicle repairs and insurance.

Side note* Although she did get a lawyer involved just to protect herself, it seems as if the lawyer's expertise and focus is more around injuries and such.. go figure 🤑🤑🤑

That being said, the at-fault insurance wants to fix her truck with about 90% aftermarket and/or used parts from a scrap yard. However, my cousin is insisting on all OEM parts, justifiably so. Her lawyer is basically telling her that most insurance policies state aftermarket parts can be used but, by doing so, those parts/repairs then become warrantied for terminology that sounded like "term of vehicle", or as long as she owns it. Lawyer also said she has the option to file a liability claim for the difference in cost vs. OEM, but that is an uphill battle that will require litigation AND is it really worth going to court for a couple grand...? She would also have to fork out the difference up front for OEM and then obviously there is no guarantee on litigation for reimbursement. I feel like she has every right to demand her truck be replaced exactly as-was. Anyone got any advice?

 

[rbstern]

She's not at fault, and not bound by the limitations of someone else's insurance. She's entitled to be made whole, which includes the value of the difference between aftermarket/used and OEM parts.

The lawyer is being lazy. She needs to assert her rights, otherwise everyone else takes path of least resistance to make the thing go away as fast as possible.

Since the difference in value probably equates to less than a day of the opposing insurance counsel's time, you can bet the other insurer does not want to go to court over this. Tell the lawyer to put his big boy britches on and go get her the value she's entitled to.

 

[cr107]

Lawyer is lazy. She’s entitled to be made whole. Don’t forget diminished value too.

 

[thevalueman]

My truck had less than 2k miles on it, when my now ex wife wreaked it.....the bed was replaced with one from the junk yard...I didn't realize this until someone nicked the side.....my truck was dark gray...the replacement bed was light blue....well....there you go....after several years it looked like someone threw blue paint all over my bed....lovely....come to find out...perfectly legal...you see...I agreed to that when I signed the policy...it was on page 48......

 

[Nuke And Juke]

i would find another attorney...

and while im at it...a new doctor, chiropractor, internal medicine, and get my tonsils out at the same time

 

[medium187mph]

Glad everyone is alive

 

[Pro Carry 2]

last time i had one tore up bad they used OEM. It was USAA the guy that pulled out had it. stand your ground you did not ask for your truck to get damanged

 

[Twitch2120]

Put whatever parts on there. It will be done incorrectly. Get it appraised with someone who has auto body experience. They will write up all the problems. Present to insurance. You will either get the proper diminished value amount and a questionable front end or they will buy the car and you can start over with something less wrecked.

Insurance is interested in saving money. The body shop is interested in making money. Neither is interested in making you whole. Just whole enough. Good luck.

 

[BIKER13]

wait time on OEM parts?

 

[basstracker89]

Get it fixed with OEM parts. And get deminished value as well. Make them fix it right. It's going to take time, don't get in a hurry. That's how they screw you. You're likely looking at a year or more to get this settled