OEM equipment for repairs

[jakeinnc]

Jurisdiction

North Carolina

I was rear-ended by a local electrical utilites truck - their fault. I provided a repair estimate from a local auto body repair shop for my car repair. The repair shop quoted OEM replacement parts. The electrical utilities insurer (Travelers) sent back a repair estimate that they'd agree to pay which was $400 less expensive due to their estimate using non-OEM replacement parts. Can I insist that only OEM replacement parts be used in my repair and that the at-fault insurance company pay for these OEM parts?

 

[army judge]

Oh, you can even demand, but that won't get the insurer to budge.

People don't know that an insurance company is giving the repair shop a kickback to use non-OEM parts. There's accountability with OEM parts because there's a car maker behind it. When something's pulled out of a junk yard and it doesn't work, there's no one who's held accountable, and it could lead to a situation where lives are put at risk.

Most states have insurance departments that claim to oversee the replacement part practices of car insurance companies, only five states have adopted consent or disclosure laws governing the use of generic parts, according to the Property Casualty Insurers Association of America. Those states are Arkansas, Indiana, Kansas, Rhode Island and West Virginia.

In Indiana, as an example, an insurance company cannot direct an auto repair shop to use a non-OEM part without the consent of the car owner for five years past the model year of the automobile. In Rhode Island, the consent period is 30 months.

Alas, NC has no such requirement.

You could sue the car owner in small claims for the difference between manufacturer and aftermarket parts.

You could file the claim through your insurer, if your insurer allows you to choose, like mine does. Your insurer would subrogate back to the at fault insurer's.

If it is important to you, you could pay the extra $400 out of your pocket.
That's the one way to ensure you receive what you require.
After, it's about safety, isn't it?
Is that worth four hundred bucks to you?

Good luck.

 

[mightymoose]

The most significant difference between OEM and non-OEM parts is the brand name.
If you are talking about body parts here I will tell you there is no significant difference and you won't be able to tell. If you were talking about a performance vehicle needing a new crank or camshaft I might be a lot more concerned about what's going in.
This sounds like a minor fender bender. The difference in parts is not worth arguing. The car will look and function the same for $400 less.

 

[JakeinNC]

Thanks for the thoughtful reply. It helps tamp down the anger...

Small claims court is an interesting thought, considering I'm retired with time on my hands.

I'm going to have to look up "subrogate"...

 

[JakeinNC]

Thanks for the reply.

Yes, when I get down to it, the difference in the parts probably is not meaningful. It just irks me that I'm the injured party here with a car that now has an "accident" recorded against its value and I'm being told by the at-fault party's insurance carrier that I will NOT be made whole. It's just not right (IMO).

(reaching for tissue now...)