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Old 10-17-2012, 09:49 AM
 
Location: U.S.A.
2,522 posts, read 3,669,946 times
Reputation: 1534
Default CAPA certified parts and insurance

Was rear-ended last week (no major damage, lost a bumper and some other plastic pieces) and took my vehicle to my trusted body shop guy. He called today and informed me that the liable insurance co. (Progressive) is now trying to replace everything with non-CAPA certified parts (Value-Line). He called them out on it and they claimed that was normal procedure but I don’t think “policy” was mentioned. At any rate we are waiting to hear back. My understanding is that while insurers are not required to use OEM parts they are at least held to using CAPA certified.

Just want to get my ducks in a row if I have to call. If they want to play games I am simply going to have them email me the particular section of their policy that relates to this.
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Old 10-17-2012, 06:47 PM
 
Location: Eastern Washington
8,785 posts, read 22,159,751 times
Reputation: 4733
If the other guy is clearly at fault, I have found that stonewalling works well if you are not in a hurry to get the car fixed. Insurance wants to close the case, if you are willing to wait, they will move in your direction. In my limited experience anyway.
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Old 10-17-2012, 11:37 PM
 
Location: Minneapolis
1,530 posts, read 2,110,710 times
Reputation: 1011
You're in their rental car, right? You're in no hurry at all, then.

Just tell them that's not acceptable. Don't ask them to email you their policy--what's in their policy doesn't matter. What matters is the law in your state. If they're required by law to cover CAPA parts or better (OEM), then they know this, but they trying to get you to settle for less. Say that's not acceptable and mention state law (even better, look it up and quote the applicable statute if you can find it), and see how quickly they back off.
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Old 10-18-2012, 07:00 AM
 
Location: San Antonio, TX USA
2,825 posts, read 2,678,328 times
Reputation: 3201
The only thing the insurance company owes you is to restore the vehicle to "pre-loss" condition. If your vehicle is 7 years old(and had 7 year old parts), they can go to a salvage yard and buy 7 year old parts, paint them and put them on. They do not own brand new oem parts, and its going to be all most impossible to get them, unless the car is less then 2/3 years old. That being said if they do owe you LKQ(Like Kind Quality)parts, while they may not be oem, they are still made to factory specs
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Old 10-18-2012, 08:00 AM
 
Location: U.S.A.
2,522 posts, read 3,669,946 times
Reputation: 1534
Thanks for the replies. I’ll just play stubborn. With other vehicles and a rental at my disposal… I can be patient.


Quote:
Originally Posted by Me007gold View Post
The only thing the insurance company owes you is to restore the vehicle to "pre-loss" condition. If your vehicle is 7 years old(and had 7 year old parts), they can go to a salvage yard and buy 7 year old parts, paint them and put them on. They do not own brand new oem parts, and its going to be all most impossible to get them, unless the car is less then 2/3 years old. That being said if they do owe you LKQ(Like Kind Quality)parts, while they may not be oem, they are still made to factory specs
Yes, they are required to restore to pre-loss condition. My main question was whether they will have to use aftermarket CAPA certified or if they can get away with bottom of the barrel bargain brand (Value Line in this case). OEM parts are out of the question as there was a class action against insurers a few years back in an attempt to require them to use OEM; this lawsuit was overturned, however insurers are still required to install parts that are of equivalent quality to OEM. My vehicle is on record with no prior damage, so either I get un-damaged junkyard parts or OEM-quality (mainly pertaining to fitment issues) aftermarket… not parts that fit like a wet noodle.

Not really too concerned about this vehicle, just taking the whole thing as a learning experience.
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Old 10-18-2012, 09:34 AM
 
3,188 posts, read 1,469,295 times
Reputation: 1818
You did not say how old your car is did you?. The main thing you want is to have a good body shop do the work. You want the car to appear to anyone but an expert as if it has never been damaged. The insurance company needs to be put on notice from you with a certified letter telling them that any "problems" will be referred to YOUR ATTORNEY for review.They then know that you will play hard ball and not settle for any BS.
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Old 10-19-2012, 08:37 PM
 
Location: Here
8,680 posts, read 6,873,426 times
Reputation: 4004
You always have the option of falling back on YOUR insurance carrier to complete the repairs and then let them surrogate against the other carrier for reimbursement. The only downside to this is your be charged your deductible but it's typically refunded to you once the responsible parties carrier reimburses your carrier.
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Old 10-20-2012, 08:54 PM
 
Location: Full time RV"er
2,403 posts, read 3,552,413 times
Reputation: 1357
Quote:
Originally Posted by 01Snake View Post
You always have the option of falling back on YOUR insurance carrier to complete the repairs and then let them surrogate against the other carrier for reimbursement. The only downside to this is your be charged your deductible but it's typically refunded to you once the responsible parties carrier reimburses your carrier.

34 yrs in the auto body trade... first , If you were hit from the rear it is the other person insurance responsibility under the the property part of the policy. second what theirt policy stated as to quality of replacement parts only refers to their policy holders repairds to the insured vehicle. Yours on the other hand doesn't have the same restrictions. They are responsiable to make the car whole again , that means they have to use quality , not substandard, used parts fall into this area. Stand your ground , they will come around.My own personal truck was hit by a driver going through a red light. Ins. Co. tried to use after market parts , but they couldn't find ones to match the same condition , with a little argueing they paid for new and told me if I couldn't find new it was not their problem. The differance it between the collision part and the property part of the coverage in the insurance policy.
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Old 10-21-2012, 08:02 PM
 
Location: Chicago, IL
95 posts, read 190,983 times
Reputation: 88
I am currently employed as an adjuster for one of the largest insurance companies in the country, here is my advice for you.

The insurance company does not have to put CAPA certified parts on your vehicle, unless it is company policy or state law. Some companies use only OEM parts/recycled parts (LKQ), some use CAPA if available, some will use CAPA for certain parts but not others. As stated before, the company does not have to put new OEM parts on, as the vehicle has used parts on it now. They will termininate your rental if this is the only thing you are upset about. If the estimate shows 8 days of repair time, they will pay for 8 (maybe 9 or 10 days to give time for the parts to be delivered) and that is all, you will become responsible for anything else above that. If it is only a bumper you are concerned about, I really would not be worried about it. A bumper is a cosmetic plastic cover, that's all. If it was sheet metal (ex. hood, fender, radiator support), then I may question it, however not with a bumper cover.

Quote:
They are responsiable to make the car whole again , that means they have to use quality , not substandard, used parts fall into this area. Stand your ground , they will come around
An insurance company has to indemnify you of your loss, meaning used parts (as long as they are of insurance quality) and aftermarket parts can be used. As for "stand your ground, they will come around", not if there is not a legitimate reason.

If you are really concerned about it, do what was posted earlier and go thorugh your own carrier, you will find many of the same rules and regulations, if state law does not require CAPA bumper's, chances are your company will use the same.

EDIT: Ask the body shop to contact that aftermarket vendor, and see if they will pricematch a CAPA bumper for the non-CAPA price, many vendors will give the shop the CAPA part for the non-CAPA price, and the shop will still make the same amount on the markup.

Feel free to send me a PM with any more questions.

Last edited by JackC1027; 10-21-2012 at 08:16 PM..
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Old 10-21-2012, 08:16 PM
 
Location: Chicago, IL
95 posts, read 190,983 times
Reputation: 88
Quote:
Originally Posted by crestliner View Post
The insurance company needs to be put on notice from you with a certified letter telling them that any "problems" will be referred to YOUR ATTORNEY for review.They then know that you will play hard ball and not settle for any BS.
As an adjuster who works with several bodyshops every day, you are right that you want the work to not be noticable by anyone other than an expert. However, if there are any problems with the workmanship (scratches on the filler, chipping paint), that is between the customer and the shop, nothing to do with the insurance company, the customer always is free to use his or her shop if choice.

As for the attorney part, that really isn't a threat. If someone has an attorney or not, that in no way changes what I put on my estimate to restore a vehicle after a loss. However, if problems do come up and an attorney does contact me, I can no longer speak with the customer AT ALL, and only through their attorney (so get ready to pay up), and in some cases I will no longer speak with the attorney and will refer them to the company's legal department and let the lawyers speak to eachother directly. It's a slippery slope, and not a card that shold be tossed around loosely.

Quote:
Originally Posted by 01Snake View Post
You always have the option of falling back on YOUR insurance carrier to complete the repairs and then let them surrogate against the other carrier for reimbursement. The only downside to this is your be charged your deductible but it's typically refunded to you once the responsible parties carrier reimburses your carrier.
If you do go thorugh your insurance company, and the other company has already taken liability, they should give you a check up front for your deductable (so you don't have to pay anything out of pocket), then the company will subrogate the claim and recover lost funds. This also should not have any impact on your premiums, because it is not at fault, therefore non chargable.
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