My wife was stopped in traffic when struck from behind by another vehicle. Police were called, agreed it was the other's fault, but did not write a report, because it was snowing that day and they don't write reports during snow weather events. The officer did agree he would speak in my wife's behalf stating it was the other's fault if necessary.

My wife's vehicle is a 2019 Toyota Tundra, about 15,000 miles on it. We've been dealing with the other party's insurance company directly - we did not contact our insurance company.

We had a hell of a time just getting them to rent us a comparable 4-wheel drive vehicle, which we required as we had planned on a ski trip in snow country with the family a couple days after the accident. Eventually, the insurance company caved and rented us a 4x4 Ram pickup, so at least we had comparable transportation.

Now comes the hard part. I took my Tundra to a body shop I strongly trust. I told them we wanted only OEM parts. Their estimate came to over $15,000 damage. The insurance adjuster looked at the vehicle and came up with a little over $5,000 damage using non-OEM parts. They said it is their policy to only use OEM parts if the vehicle is less than a year old with 12,000 miles or less - I am over that amount so they say they will not pay for OEM.

I know insurance companies do this to save money. If my vehicle were 5 or 6 years old, I might agree to this, but the truck is barely over their limits and is (was) in mint condition.

My argument with the insurance company is if 3rd party parts were so great, why not also use them on a wrecked vehicle within their 1-year, 12K miles limit?

I told the body shop I would pay for any difference between what the insurance company would reimburse and the cost of OEM parts - bottom line, only OEM parts will be installed on this vehicle for repair. But I was not expecting this large a disparity between the insurance company estimate and the body shop's estimate. I can afford to pay even that large a difference, but it is a matter of principle. I didn't cause this issue, the insurance company's client did. They wreck a Toyota vehicle, and it will be Toyota parts when it is repaired.

The body shop says they will argue heavily with the insurance company, that this is a constant issue, but there still exists the possibility I will need to get involved. The shop has already begun work to repair the vehicle.

Incidentally, the wife was not injured, and did not go to the doctor.

My question for the collective wisdom of Sigforum are:

1) Does anyone have any words of wisdom to arm me to effectively negotiate with the insurance company to pay for OEM parts? I do not want to involve my insurance company as the the accident was not my fault, and I don't want my rates to go up.

2) What arguments can I use for diminished value? Now that the truck will show a history of being wrecked, its resale value will be less.

Thanks for any experiences or words of wisdom!

Their client didn't damage non OEM parts.

Only thing I can come up with is take the insured and insurance company to small claims court for the difference and contact state insurance commissioner office.

Hopefully someone else can come up with more effective ideas.

Officer does not write up a report when it snow's wtf. His pen don't write when it snow's?

I think you should of got your insurance company involved, no?

Your insurance company should be taking up that fight for you, going after the other company.

quote:

My wife's vehicle is a 2019 Toyota Tundra, about 15,000 miles on it. We've been dealing with the other party's insurance company directly - we did not contact our insurance company.

^^^^^^^
As noted above when this happened to me, MY insurance company took care of it. NO problem.

We got hit by an uninsured, unlicensed just after Christmas.

Our insurance quoted secondary market replacement parts. I told them just about what Cas said in the post above. "My F250 did not come with secondary market parts on it, you won't put them on it now".

A good body shop knows ways to get OEM parts installed, you may have to pay additional.

You have a big discrepancy in what the adjuster thinks and what the body shop know.

Good luck.

Yeah you are making a mistake not involving your insurance company. Your rates won't go up if you are not at fault. Their job is to cover you and go after the other party's insurance company.

My 2 cents:

1) Call your insurance company, explain the situation to them, and have them deal with the other insurance company.

2) If it caused $15K worth of damage, it was a significant hit. Have your wife go see the Dr, just in case.

quote:

Originally posted by frayedends:
Yeah you are making a mistake not involving your insurance company. Your rates won't go up if you are not at fault. Their job is to cover you and go after the other party's insurance company.

This.
Also call a lawyer for what they charge. Maybe they will get their money from the at fault driver and their insurance company.
Also file a complaint with your states insurance commissioner.

If your basic auto policy allows for OEM parts (or if you have an OEM parts rider), file a claim through your insurance company. Your vehicle will be repaired per your policy and your carrier will go after the other driver's company for reimbursement. While I can only speak to PA insurance law, it is highly unlikely your premium will increase due to the fault of another driver - especially in a rear end collision. As for diminished value, most insurance companies today specifically disclaim reduced value due to auto accident repairs.

quote:

Originally posted by btanchors:
They said it is their policy to only use OEM parts if the vehicle is less than a year old with 12,000 miles or less - I am over that amount so they say they will not pay for OEM.

I would tell them it's my policy to call my lawyer when I'm being jerked around by an insurance adjuster.

quote:

Originally posted by btanchors:

Incidentally, the wife was not injured, and did not go to the doctor.

She may not have gone to a doctor, but that does not mean she wasn't injured. Be sure not to say 'she wasn't injured' to their adjuster.

I have had different vehicles rear-ended in 2006 and 2010, and both times I just contacted my insurance companies (AIG and Geico respectively). They handled everything. Although it did take some time, Geico recovered and sent back the deductible I paid.

I had a similar situation. I told the at-fault party's insurance adjuster to escalate it to his supervisor, and have the supervisor call one of two telephone numbers:

1. My number, if the decision was to do this the way that I wanted, or
   
   
2. My lawyer's number, if the decision was not to do what I wanted.

I received a call back in less than ten minutes, authorizing things to be done the way I wanted.

A few years back a lady pulled out of a grocery store right into me. She was at fault. I contacted my insurance company gave them her info. They contacted her insurance company and took care of everything including setting up a rental car for me.

I had some guy with Rodney D. Young insurance try and pull that nonsense. Not going to happen.

As far as I know,in at fault type states, you repair your car however you want. You then sue the negligent driver for your property and injury damages. I would not sign off on anything with the at fault parties insurance company without legal counsel. Your insurer may be of some assistance if you have coverage for collision.

I'll echo some earlier comments - get your insurance company involved.

Have the shop get the parts that the insurance company requires, and have them point out ALL discrepancies on fit.

The idea on an attorney can go both ways - might interfere with your insurance company. Keep it in mind just in case.

Tell them that any attempt to leave you LESS than whole will be met with all methods you can use. Also, contact your state insurance commissioner and complain.

It is their bit to attempt to save money - you just need to show them that it will become MUCH more expensive. Your wife needs to see a doctor post haste - with that much vehicle damage, she is bound to have some injuries that need to be checked before it gets worse.

quote:

Originally posted by old rugged cross:
Officer does not write up a report when it snow's wtf. His pen don't write when it snow's?

I think you should of got your insurance company involved, no?

This is not uncommon when there are no injuries, vehicles are driveable, and there are tons of other wrecks holding due to the weather.
Here we have a self reporting option.

quote:

We've been dealing with the other party's insurance company directly - we did not contact our insurance company.

Here is your problem 100% they are jerking you around because of it.

Pay your deductible get your truck fixed where you want get your deductible back when you insurance company hashes it out with the other folks.
That is what you pay your insurance people for. Never understood why people try to do it on their own.

Yes to theses two things

1st, have her go to the doctor.

2nd, contact your insurance agent. They should then deal with the other insurance. I would suggest no talking to their insurance or them again.

I have a Tundra and at least with prices around here, $15k in damage would have been a heck of an impact.