Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Insurance & Registration

Insurance let me pick a bodyshop, can I insist that they use original parts? can I ask insurance to total it?
Find answers to your legal question.

Insurance let me pick a bodyshop, can I insist that they use original parts? can I ask insurance to total it?


Sal G
You can't insist on original parts (OEM) unless your auto policy clearly says so. Almost all insurance companies now have a clause stating that the most cost effective parts will be used and depending on the year, make and model of your vehicle that can range from aftermarket, used or reconditioned parts.
-If you insist on original parts then you can pay the difference. For example, a used bumper is found by the insurance company for $100 and an original (OEM) bumper costs $400, then you can pay the difference ($300).
---If you disagree with the other insurance company then you can attempt to resolve the damages through your insurance company and the other insurance company can forward you your deductible. If it's your insurance company that's resolving your car's damages then you can't do anything. Ask your agent to help you interpret your policy.
-Regarding totaling your vehicle....no insurance company will total a vehicle based on anyone's request. First, an estimate is written, then the car's value is taken into consideration (Kelly or NADA bluebook), then pre existing damage and excessive mileage is considered and finally a salvage value of your car is taken.
-Some companies will total a vehicle within 80% of the vehicles threshold (value). Call your agent!

No to both questions.

Aftermarket parts are usually just as good or better than OEM parts, and come with a better warranty. Just make sure any aftermarket parts used are "CAPA" certified. This ensures they have met rigorous standards for quality and fit.

LKQ (used/recycled) parts are going to be from a vehicle which is the same age or newer. All the parts on your damaged vehicles are technically LKQ as well, since you've been driving it around since you purchased it. These are also going to come with a guarantee.

As to totaling your vehicle, this isn't an arbitrary decision that an insurance company can make at your request. The cost to repair the vehicle has to exceed the cost of classifying it a total loss. If you pick a quality repair shop or better yet, go to the one your insurance company sends you to, you can be guaranteed your vehicle will be put into its pre-loss condition.

Be careful of the shop you go to. A lot of disreputable shops make money off of taking the estimate written by the insurance adjuster and buying less quality parts. Maybe a non-CAPA part or an LKQ part which isn't safe to use.

To sum up my advice, non-OEM parts are just as good provided they're purchased from the right place, and go to a shop recommended by the insurance company so you can get a guarantee on the quality of the work done on your car. Good luck!

No to both questions. Like Kind and Quality parts are what they cover. If you didn't have a brand new vehicle, they won't allow for brand new parts. If the vehicle is repairable you don't get the option of having it totaled.

MBA Grad Student
I don't know if it depends on your insurance provider, but yes, my insurance company let me use original parts. The body shop I chose insisted upon it. I crashed (my friend actually) my Mercedes, and I took the car to a highly reputable body shop that laughed at my insurance company's original estimate, and said they would take care of dealing with the insurance company for me. The body shop insisted on using only the best original equipment parts and highest quality everything, because of their reputation. And they talked to the insurance company, and the insurance company paid everything.

I don't think you can make the decision to "total" the car though.

Another note from an adjuster...most people don't realize that just because a part is deemed OEM (factory part), it doesn't mean it isn't manufactured at the same plant the aftermarket part is.

The OEM parts are just stamped and sold for more $. Secondly, people are always worried that a used or aftermarket part will not fit right.

If you go to a dealer lot and look at the way the headlights on 5 different models of a new car line up, you'll find that they are not all congruent. There are a lot of cars leaving the lot that have unmatched body line fits.

People just don't realize this until they decide to get picky about it after picking up their cars from a body shop, then blame the body shop.

And the note from the guy with a Mercedes that "thought" he was working the insurance company by using a body shop that would deal with the insurance for him....It is an extremely rare occasion to find available aftermarket parts for Mercedes' so he would have had the same OEM parts at any shop. The shop he went to just reeled him in by telling him they would get the insurance to pay for OEM parts and he bought it.

And OEM parts don't come with any warranty. This is definitely something to think about when you get your car repaired.

ori parts yes.
ask to total no--thats ins call.

Yes. You can insist your vehicle be repaired with new OEM parts, however, YOU will be responsible for the difference in costs. You can also ask the insurance company to total it but unless it IS a total loss then save your breath. You are frustrated because your car is wrecked but making dumb@ssed demands from the insurance company is pointless. They (we) have heard it all x10,000. Your best bet is to have your vehicle repaired at a top-notch collision repair facility. They will put your vehicle as near to pre-loss condition as possible and will not use inferior parts. Do not misunderstand -- just because it's 'aftermarket' doesn't mean it isn't quality. Millions of batteries, tires, belts, antifreeze, oil, brake components etc, etc. are sold every hour around the globe that meet or far exceed OEM specs. There isn't an insurance company in existence that will force a shop or you to accept parts that are inferior. If poor replacement parts are delivered the insurance company will have to replace them with acceptable ones, used parts or possibly OEM. If you get combative you will have a very hard time with the insurance adjuster(s).

you can take where ever you want. at least here in the usa. depending on how much you owe on it they will total it. but they cant say who you should take it to

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

 Are there any free sites to view your driving record and how many points you have on it?

 I just got my drivers license. Now what?
I'm still a Junior Operator and I live in Massachusetts. I'm trying to figure out my insurance situation. Generally, could I be covered by my parents?...

 Car booted?
okay so my car is booted how do i unboot it?...

 I have a Car title Problem!?
So my Brother gave me his car that he screwed up when he bought a new one! I fixed his old car got it running and Paid off the remaining 2000 dollars on the loan now I'm trying to move out of ...

 No auto insurance for 4 years, now will I have to pay high premiums?
For the last 4 years, my car has been titled and Insured in my grandmother's name. I am going to buy a new car next week, but when I called for an insurance quote, the premiums were almost 3 ...

 How do you study for drivers ed?
OKay i live in Marion, Indiana. How do i study the booklet? Okay lets put it this way i dont know how to study period but i and i need to know the best and quickest way to learn the drives booklet!!!!...

 Lost Certificate of Motor Insurance?
I have lost my Cerificate of Motor Insurance & cannot find it anywhere. I have notified my insurers & they have acknowledged this, is there anyway that someone can use my document for ...

 What can I do about the insurance company stiffing me on settlement for totalled vehicle?
I hit a cow one night at 60 mph. The issue of fault on the ranchers part was never in question and the rancher was in agreement about it being his fault. Ultimately, their insurance company offered ...

 Question on auto insurance?
If you have insurance points and you change insurance companies will the points go with you to the new company?...

 Guy used white out on the back of my title?
When I bought my car and the man gave me my title (months laters) he used white out on the back and wrote my info (which was wrong ) over it. now both stickers are expired and the man wont talk to ...

 Do I have to pay the deductible if the car accident I was involved in was in a work truck while on the clock?
About a week ago I accidentally rear ended someone in the company I work for's work truck while I was on the clock. I was just wondering if I have to pay the deductible for the car insurance? S...

 Do you need a Drivers License to Drive a Motorcycle?
My mom told me its easy to get a motorcycle lisense.. but i dont wanna get a drivers licsense soo do i need to get a drivers license before i get a motorcycle licsence?...

 Why is Allstate Insurance NOT in every state??? Shouldn't it be called Somestate Insurance?
I just noticed that when I saw their commercial, ealier today....

 Why is it cheaper to obtain car insurance for self + spouse that for just self?

 Where can i find car insurance that will allow me to drive other vehicles with the owners permission for 23yo?
does anybody know an insurance company that provides 3rd party cover providing the owner of the car gives permission?alot of companys require age of 25+ thanks for any help its very much ...

 How can i hit on a girl?

 Anyone know anything about Ceico Insurance NOT paying out on Claims for accidents Of the other car (not covere
Does anyone know if Ceico has a pattern of not paying or even if it is known if they have a policy of refusing payments to accident victims of the “other” car? The car that hit me was covered by C...

 Penalty for not changing licence?
Does anyone know what the penalty in MN would be for not changing your licence over once you move into the state?

(Example...if you moved 1 year ago with a licence from Ohio, but never ...

 In California, what level of insurance does the DMV require if I don't use my car?
I don't want to register as a nonoperated vehicle however because I come home once in a while and use the car. During these periods, I will insure the car. Since I won't be DRIVING without ...

 Car insurance company is suing me from an accident 2 years ago?
i wont go into immediate details. there were 3 people and that girl that is suing me grabbed my wheel causing me to crash into a barricade. i didn't tell the first police what happened because ...

Copyright (c) 2009-2013 Wiki Law 3k Thursday, February 11, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links