QuestionI did pick the body shop it was one of three in the Boston area that was Toyota Factory certified. I did also sign a repair Authorization form at the body shop, I assumed that was normal to do. I did not however recieve any written or verbal notification of what the damage was or how it was going to be fixed from either the body shop or insurance company. I demanded that they not use used part in fixing my vehicle and they said Mass. law allows them to use what ever parts they want if the vehicle is older than 1year or has more than 15K miles on it. Now I am concerned of who warranties the parts, since the body shop only warranties paint, labor, and workmanship. Does the insureance company typically cover this, since my Toyota factory warranty is now void on these parts? Also do you think I have a chance of winning if I sue the women who hit my vehicle for personal losses, since I had already written up a purchase agreement with a dealer to trade my vehicle prior to the accident, now the dealer is only will to give me $10,000 less for my trade because it has frame damage? Is it a federal law I need to disclose this vehicle was in an accident, or am I only required if they ask?
thanks for the help.
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Followup To
Question -
-2003 Toyota 4runner sr5, 30K miles (retail $25K)
-Accident happened in Mass., but my vehicle is registered in Vermont.
-Her insurance company is Amica.
-I carry full coverage through Allstate, and my deductable around $500.
-Her insurance wrote about $12,700 in damages, but the body shop came up with about $15,500, so the body shop honored there apprasal, probably why they are trying to use used parts, which I am also fighting, since they didn't ask first they just installed them.
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Followup To
Question -
My vehicle was parked on the side of the street and a women fell asleep at the wheel and hit it. I was in the process of trading the vehicle prior to this happening now the dealer wants to give me $10,000 less for my trade in because my vehicle now has frame damage, even though it wasn't totalled I'm told I have to legally disclose any structural damage. I have told her insurance company I was going to sue for diminished value in hopes of scaring them, but they said "we don't pay diminished value". So do you think I have a chance of redemming this loss? Also I'm told by the body shop that the insurance company has told them to use used parts, which I found out will not be covered by my factory warranty. Do I have the right to make them use new factory parts, since this wasn't even my fault?
thanks for the help,
Answer -
Let's start with the following info (I need):
Year, make and model of your vehicle.
The State this loss occurred in.
The name of the at-fault's party insurance company.
Do you carry your own Collision (COLL) coverage and if so with what carrier and with what deductible?
How much of a damage appraisal/estimate did the at-fault's company write?
Get back to me and we'll go from there....
Answer -
Given the age of your vehicle (although the mileage is a tad high for a 2-year old vehicle) I would argue that you are entitled to "Original Equipment Manufacturer (OEM)" v "like kind and quality components (LKQ)". Keep in mind that LKQ components are NOT used... they are new and simply a non-OEM component that is manufactured to spec.
Is the body shop one YOU picked or were referred to by the at-fault's carrier?
Did you sign a Repair Authorization authorizing the body shop to initiate repairs? Were you provided with a copy of the appraisal/repair estimate that AMICA wrote on your car by either AMICA and/or the body shop?
You could have and should have considered running the claim back through your own carrier as they probably would have accomodated you better as you are their Insured... you would have had to initially eat your $500.00 deductible but you would have eventually gotten that back when your own company went after AMICA for a re-payment of monies your company had to pay to repair your vehicle. They probably would have been more receptive to possibly totaling the car.
Another thing you should have considered was to ask AMICA and/or your own compnay to determine the "salvage value" of your unrepaired car to see if there was enough salvage value to make it economically feasible to/for whoever was going to pay the loss to total the car.
I would TELL AMICA that you "expect" OEM parts and that if that is not agreed to that you intend to file a formal COMPLAINT with the MASS State Insurance Dept..
Don't let AMICA push you around...you have RIGHTS.. especially in a state like Massachusetts which has a fairly pro-active Insurance Dept.
Hope and trust that the above answers your question(s) and provides some direction.
Feel free to get back to me with any additional questions/issues relative to this matter.
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AnswerStrongly recommend that you contact the Mass Dept of Insurance - Consumer Affairs area and run the issue of whether after-market parts can be used as you are being told. I would also inquire of them about the status of loss of value claims in Massachusetts. You can and should contact your own agt and ask him those same questions and see what he/she has to say.
I would write to the body shop and Toyota Corp and basically relate this story and stress the point that you were NOT advised of the repair methodology and further that by agreeing to use after-market parts Toyota adversely impacted your warrants right(s), etc.
I cannot answer the questions about voluntary discloser of prior accident(s).. suggest you run this issue by the State Insurance people.
Wish you the best...
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