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Old 11-10-2014, 04:40 PM
 
15 posts, read 14,248 times
Reputation: 23

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So, I was involved in an accident, where someone ran a red and hit my car. She accepted fault and her insurance company (Farmer's) is working with me on fixing my Honda CRV.

I took the car to an auto body shop that I trust and the adjuster (from Farmer's) is working with the shop. The shop called me to inform that the insurer is asking the body shop to install after market parts and not OEM (Honda) parts.

My contention is that the car had genuine Honda parts before the accident and I want to continue having Honda parts. It feels like cheating me and especially since the accident was not caused by me.

The questions are: What are my rights? How much should I push back? Are there any state laws ( I live in Washington State)? And how should I go about it?

Thanks in advance for your help!
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Old 11-10-2014, 04:52 PM
 
Location: Orlando
148 posts, read 337,182 times
Reputation: 154
I don't know the specifics, but you can (and should) refuse aftermarket parts. The aftermarket parts that was used on a friends car was not of the same quality as OEM. He refused to accept it, they ended up redoing it with OEM.
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Old 11-10-2014, 08:44 PM
 
48,519 posts, read 80,998,062 times
Reputation: 17978
Tell the insurance company OEM parts thru body shop.
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Old 11-10-2014, 08:57 PM
 
Location: U.S.A.
3,306 posts, read 9,006,224 times
Reputation: 2919
In many states (including Washington) you are entitled, by law, to have at a minimum, CAPA certified replacement parts installed on your vehicle. These parts are to be manufactured to the same (or better) quality standards as OEM. If CAPA parts are not available to the repair shop then they must order OEM and the insurance co. must comply.

It is the right of the insurance co. to attempt to have cheaper, non CAPA parts installed on your vehicle but ultimately YOU will have to agree with that. If you are in a participating state then just simply demand CAPA or OEM.
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Old 11-10-2014, 10:33 PM
 
8,305 posts, read 8,577,591 times
Reputation: 25918
Quote:
Originally Posted by Hatigol View Post
So, I was involved in an accident, where someone ran a red and hit my car. She accepted fault and her insurance company (Farmer's) is working with me on fixing my Honda CRV.

I took the car to an auto body shop that I trust and the adjuster (from Farmer's) is working with the shop. The shop called me to inform that the insurer is asking the body shop to install after market parts and not OEM (Honda) parts.

My contention is that the car had genuine Honda parts before the accident and I want to continue having Honda parts. It feels like cheating me and especially since the accident was not caused by me.

The questions are: What are my rights? How much should I push back? Are there any state laws ( I live in Washington State)? And how should I go about it?

Thanks in advance for your help!
Here's your dilemma. From a legal standpoint, the other person's insurance company is not obligated to pay for brand new parts for your car. What you are entitled too is the value of what you lost. I assume you car and the parts in it were not brand new? If that, in fact, is the case what you are entitled too is what the value of a similarly used part would be worth before it was damaged.

If the insurance company uses new "after market" parts I would say it is within its rights to do so, so long as the value of those new parts is greater or equal to the value of the used parts destroyed in the accident.

What could change my analysis? If your state had some kind of a statute that specifically requires insurance companies to use brand name parts when they fix a vehicle. I have no clue if Washington has such a law. I am inclined to doubt they have one. A lawyer in Washington could answer that question for you.
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Old 11-11-2014, 04:31 AM
 
Location: Raleigh, NC
1,988 posts, read 3,084,853 times
Reputation: 2373
The difference between "proper" OEM (or CAPA certified replacement part) and non-OEM parts is more than just the cost.
There can be physical differences, as well as quality differences.

A friend of mine had a fender replaced after a fender-bender, and didn't know to require OEM.
Two years later, they had the attached bumper dinged, requiring it's replacement. The second repair company charged more, as the non-OEM parts now on the car had different bolt-hole locations, and it took some custom work to get the new bumper to fit.
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Old 11-11-2014, 07:53 AM
 
Location: Houston, TX
2,052 posts, read 4,277,952 times
Reputation: 1277
I would much prefer used OEM parts over new aftermarket parts. We just had my son's car in the shop after someone hit his passenger side, and the shop replaced the entire rear passenger door with a used one. It was actually cheaper in the long run and I know it is an OEM quality part. It might not be new, but it is now painted and it matches very well.

Good luck!
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Old 11-11-2014, 02:19 PM
 
Location: Grand Rapids, Michigan
1,936 posts, read 3,338,388 times
Reputation: 1861
Have the find some decent junk yard parts. I recall helping my brother in law put on a new fender with a an aftermarket fender, I think it was made of tin foil, because I used the wheel opening to help my self get up and it bent out, and back with very little effort.
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Old 11-11-2014, 03:05 PM
 
Location: Texas
5,586 posts, read 11,831,318 times
Reputation: 10545
I'd required 2 things. OEM parts and a check for diminished value of the car. Many states are now allowing victims of a wrecked car to ask for diminished value. The issue is when you trade the car in, you're gonna take a hit on value because damage will appear on the CarFax. That can be several hundred bucks and up.
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Old 11-11-2014, 06:07 PM
 
Location: Louisville KY
3,928 posts, read 3,540,259 times
Reputation: 3088
Sometimes aftermarket parts are better, ir required. My stepdad took his ranger into a shop for tirws and alignment, he had to have caster/camber bolts to have it done. Or like aftermarke suspension components that have the zirc fittings for regreasing, which oem parts won't have. If you can't find parts improved from factory- like a balljoint you can grease, or say a more stout window motor, then stick with oem, rather than sometthing inferior.
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