They will ask you to sign a realease before cutting a check. As was said already, don't sign until all efforts are exhausted. Lawyers cost money. Maybe the wife's knee will get you some more money and make a Lawyer worth spending some on.

 

sometimes, you have to "wait them out". They like to settle asap, so if you can wait and be persistent with what you want, then go to management. Worked for me!!!

 

We have public insurance here (Government run) everyone has to use it, no such a thing as private auto insurance here so this kind of thing is never an issue.

Just sharing

 

You might want to speak with the body shop, and find out the price difference between repairing the fender vs replacing it. You might find the difference in price might not be worth fighting over. At least it would help you to know how much you are fighting for. You might just be better off paying the difference and saving some headaches.

 

Get a lawyer, and make sure he knows about all the neck and back pain your poor wife is suffering!

 

In KY we are allowed to get brand new OEM parts put on. Restored to original shape.

 

Since when do insurance companys issue "used parts"?I can see it if a part is no longer available.

Is there a state insurance commisioner?There must be someone to complain to.

 

My son just went through this and he just kept asking to speak to a manager until he got someone who said that they were capable of changing the decision and then he had a discussion with them . . . .they agreed to replace the part in question rather than repair it.

Be a little persistent (and polite) but if someone turns you down then ask to speak to their boss . .and so on . . . it also helps to make a point of getting the names of each person you've spoken with and let them know that you're writing everything down.

 

Get an estimate from a reputable repair shop. They are familiar with the way insurance companies operate these days. I just recently went through this with my daughter's car...who was on a college campus at the time. Luckily for us, the at fault insurance company was straight up. The body shop estimate was $100 higher, so I faxed it to the at fault insurance adjuster, and shared the adjuster's estimate with the body shop. Get pics before the repair. See if you can find a TV station who's Consumer Advocate may be interested in your story....not much chance they will be, but worth a try. They will not like bad press.

As for the used parts and repair instead of replacement.... just an effort to keep insurance costs down..IMO. As stated earlier, you have the right to have your vehicle restored to it's pre wreck condition. So if they don't want to play nice, then it will be lawyer time.

 

Some people don't care what parts are used, so long as the car appears to be repaired. If it matters to you (it does to me...on my vehicle)...It is best to tell your insurance agent at the time you purchase a policy that you insist that NEW OEM parts are to be used on your vehicle should repairs ever be necessary. Let them know right off the bat that if repairs are made or even estimated using aftermaket or used parts you will sign nothing and will not settle. Then make sure you get it in writing if is not already in your policy. They will try to use thin/poor fitting aftermarket sheet metal or used parts everytime, unless a repair to the original sheet metal has been estimated. It is your responsibility to make sure (even if you have it in writing) that you are getting new factory parts installed on your car...whether insurance is paying for it or not. Even if that means going to the repair facilty to inspect the parts to look for manufacturer part numbers or vendor codes. I would even tell the body shop you do not authorize repairs to begin until you have inspected the parts to be used in the repair.

Insurance Companys are always happy when the money is coming their way...not so happy when they are the ones writing the checks. They will save money every way they can.

Insurance companys do not issue parts...body shops have to repair the vehicle within the agreed upon insurance companys repair cost estimate. Sometimes that means using aftermarket or used parts....especially if no one (the vehicle owner or insurance company) specifys only new OEM parts are to be used. Most of the time if used or aftermarket (read that as cheaper) parts exist for your vehicle that is what will be on the insurance companys estimate. Dealership body shops will always have OEM parts on their estimates...hard to say what will end up on non dealer body shop estimate. Most don't know that there are two estimates for a collision repair, one from the repair facility and one from the insurance company. The two estimates are haggled out between the shop and insurance company. The insurance company also pays a discounted labor rate. It is not uncommon for a body shop/service dept. to get the adjuster back out there to inspect/photograph any unseen damage not on the original estimate. Body shops can also profit from using used or aftermarket parts. They are getting a check from the insurance company for X dollars. They still get X dollars if they fix it for less. You of course will cut the check for your deductible. Like I said YOUR responsibility to see what goes on your vehicle. Insurance companys look out for themselves. Body shops look out for themselves. Who looks out for you?

Tech23