AllState wants to "fix" my car with used parts!

[Philip]

Yep, you read that correctly. My car was hit by an AllState customer and it was 110% her fault. After my car has been sitting in the shop for 2 focking weeks, while AllState drags their feet getting adjusters out here, and making almost no progress to speak of, (all while I'm driving a P.O.S. Mazda rental car) they have to audacity to tell me that they are going to fix my car with used parts.
Does anyone know if they can do that? My car had 100% original BMW parts on it when I got hit (all matching VIN numbers on all body panels, body in perfect condition) and now they're going to put it back together with junk yard parts? F*ck that. It will be completely worthless when I get it back. I want to fight this, and I'm willing to take these S.O.B.'s to the mat, I just don't know if it's worth the trouble. Has anyone been in a similar situation?

-Philip

[GCR]

BTDT.

Philip,

if they can prove that they are OE parts, and of like or better condition than the ones on the car, they unfortunately have that right. I wouldn't have a problem with using body panels etc that don't wear out, provided they aren't corroded or previously repaired AND not aftermarket Chinese pieces.

It sucks, but its in the fine print..........

Alan.

[Mitch]

WOW I cannot believe that at all. That is a low blow I think. State Farm would never pull that crap. Used parts? Never heard of that before. I'd refuse the work and tell them to replace the car.

[Philip]

WOW I cannot believe that at all. That is a low blow I think. State Farm would never pull that crap. Used parts? Never heard of that before. I'd refuse the work and tell them to replace the car.

I don't have a lwyer. It's beginning to look like instead of an M3, I may just end up with my 325IS with some junkyard parts and a Maaco spray-job.

[EnderM3]

dude I dont even know what to say...ive never heard of that. Is it the shop they want you to use thats wants to put the used crap on there or is it allstate? if its the shop tell them to **** off and take it somewhere else.

If you cant fight them on that part, then file a claim for how much they devalued the car by fixing it with non matching numbers crap and the fact it was in an accident. then take that money, sell the car on craigslist and get your m3.

[Philip]

dude I dont even know what to say...ive never heard of that. Is it the shop they want you to use thats wants to put the used crap on there or is it allstate? if its the shop tell them to **** off and take it somewhere else.

If you cant fight them on that part, then file a claim for how much they devalued the car by fixing it with non matching numbers crap and the fact it was in an accident. then take that money, sell the car on craigslist and get your m3.

That is exactly what I said, but their answer was "We don't do diminished value on cars with ovwe 100K miles"

Are any of you guys lawyers?

[Catmint]

As you probably know, Tim's car was hit a week after we bought it; the bumper was torn off and one of the taillights was broken. The lady at fault had USAA insurance as do we. USAA recommended a body shop who said that USAA insists on used parts where possible. This was all cosmetic, and it had to be painted and everything so it's not a big deal for us. It turned out fine.

Maybe as someone above said, if the car is newer they would have paid for new parts. Check your insurance policy, it may even be in written in there.

[Philip]

It's not my insurance, it the lady's insurance that hit me.
She was completely at fault, and since my car is a 94 with 230,xxx miles I only have liability, so my insurance won't do anything (not that they should have to)

[F1Julie]

Sorry to hear about your car. Insurance companies are such a pain to deal with. My guess is that they are within their rights to repair your car with used parts. If I were you, I'd call my insurance company and see if it might be better to file the claim with them and then get your deductible reimbursed from AllState.

Oops, I started writing this before I read that you don't have collision... Damn work keeping me from finishing my posts :-)

[GCR]

WOW I cannot believe that at all. That is a low blow I think. State Farm would never pull that crap. Used parts? Never heard of that before. I'd refuse the work and tell them to replace the car.
Mitch,

about 10 years ago State Farm lost a class action suit for using aftermarket (Read Taiwanese & Chinese) parts on cars. They have behaved themselves since then.

[Philip]

I'm going to talk to lawyer. If it's something I can feasibly afford I am goingto take these f*ckers to the cleaners. If they wont give me the right amount of money for my car then I'll get it as a pain and suffering settlement.

[Justin]

WOW man things just cant go right for you:confused: That is bull sh*t! I would tell them to shove those used parts up there a*s! I hate people that can't drive!:mad:

[Catmint]

Good luck with that. :confused:

[EnderM3]

absolutly talk with a lawyer(just make sure you dont have to pay for it unless he does something) and dont forget about pain and suffering. Shame on you for getting hit from behind and not yelling "OW MY NECK"

another thing to check would be to see what the actual repair cost estimate is compared to the value of the car, anything over 40-50% should be a total.

[Jdudley13]

Damn dude that sucks. Seems like a half assed way to run a company. HOpefully it will work out. Unless you went to the hospital, and depending on what the value of your car is, i'm not sure the lawyers fee alone would be worth it...

[Philip]

absolutly talk with a lawyer(just make sure you dont have to pay for it unless he does something) and dont forget about pain and suffering. Shame on you for getting hit from behind and not yelling "OW MY NECK"

another thing to check would be to see what the actual repair cost estimate is compared to the value of the car, anything over 40-50% should be a total.

I've been going to the chiropractor for legitimate back pain since the day after the crash.

[Jdudley13]

hmmm, certainly caused by the crash. MIght actually get them to cover that then. make sure you document it

[Philip]

hmmm, certainly caused by the crash. MIght actually get them to cover that then. make sure you document it

Oh beleive me, done and done.

[mistertripps]

I think that is typical of all insurance companies, even State Farm.... As long as they are OE parts, as Alan said, they have the right to use used parts. You CAN force them to use new parts, but you would have to pay the difference in cost. Good luck with the lawyer. I hope they have good news for you, but I doubt they can do much.

[BMRSEB]

That sux.. When my car was hit from behind, they declared it totaled (GEICO), here's a link (http://forums.bimmerforums.com/forum/showpost.php?p=10410321&postcount=1)with some of the pics of the damage. The adjuster went back to GEICO and they offered to give me a check for $6500 for my '95 540i/6 with ~130K miles. I paid more than that for it (at 107K miles)!

I immediately refused and FAXED over page upon page of documentation, articles, etc., as to why the '95 540i/6 were rare cars, only 1357 were made for the U.S., etc., etc. I also included a quick AutoTrader search which yielded cars going from ~$7-$17K! It also helped that I kept the car very clean!

Of course, the ones close to $17K were the really rare 540i MSport, ~200 made; which had the upgraded brakes, E34 M5 mirrors, lower body panels, etc., but, mine was just as rare..:icon18: . I did my homework.. :)

Anyway, long story short they came back with ~$10K.. I wish you the best with AllState.. :(

[Philip]

Now these scumbag motherf*ckers are giving me the run-around on the phone.
I might call the BBB as well.

[Justin]

Do it i cant believe this is happing to you man!

[Philip]

Do it i cant believe this is happing to you man!

I might just accept the $1800 check for the car, because it looks like I'll have no other choice, but I am definitely going to let 'em have it when it comes time for the pain/suffering settlement. As a matter of fact, I think my neck is starting to hurt right now....

[Justin]

LOL that a boy! They screw you..... you screw them i dont think the can fix you with used parts lol!!!!!

[SOUTHERNBIMMER]

Phillip, we have had the same problem and it is currently being handled with a lawyer. My girlfriend has an 04' Passat Wagon and was rear ended twice in a 2 month period. We received a check for the first one but did nothing with it until after the second accident. The second eliminated anything fixed from the previous accident. The second caused $9000 in repairs. Insurance companies trick you by 3rd party check and as soon as you sign it over for the work you waive your rights. They know most people don't know this and they screw you. They did this to Christine and did some crap repairs with after market parts and "re-furbished" parts. Total **** to save them money and give you less than what you had. Now you have a repaired vehicle with diminished value and cheap parts adding more diminished value. You have the right in Georgia by law to reclaim diminished value for damages.
Like I said we have a lawyer on it. He will take a big cut but he will get your more reimbursment than you could. In your case $1800 may be all your car is valued at considering age and mileage. I don't know if it is or isn't but you should make sure you get compensated well for bodily harm caused to you. The older you get the more the previous injuries come back and effect your quality of life. Believe me on this, I know! Continue with your therapy and contact a lawyer for a consult. Even if you do not get what you feel your car is worth there is no price on your health. Good luck Phillip!

[Philip]

Phillip, we have had the same problem and it is currently being handled with a lawyer. My girlfriend has an 04' Passat Wagon and was rear ended twice in a 2 month period. We received a check for the first one but did nothing with it until after the second accident. The second eliminated anything fixed from the previous accident. The second caused $9000 in repairs. Insurance companies trick you by 3rd party check and as soon as you sign it over for the work you waive your rights. They know most people don't know this and they screw you. They did this to Christine and did some crap repairs with after market parts and "re-furbished" parts. Total **** to save them money and give you less than what you had. Now you have a repaired vehicle with diminished value and cheap parts adding more diminished value. You have the right in Georgia by law to reclaim diminished value for damages.
Like I said we have a lawyer on it. He will take a big cut but he will get your more reimbursment than you could. In your case $1800 may be all your car is valued at considering age and mileage. I don't know if it is or isn't but you should make sure you get compensated well for bodily harm caused to you. The older you get the more the previous injuries come back and effect your quality of life. Believe me on this, I know! Continue with your therapy and contact a lawyer for a consult. Even if you do not get what you feel your car is worth there is no price on your health. Good luck Phillip!

That's good info, thanks. Do you have a lawyer that you would recommend to me? I spoke very briefly with someone at Robert Katz & Associates.

[Justin]

That's good info, thanks. Do you have a lawyer that you would recommend to me? I spoke very briefly with someone at Robert Katz & Associates.

That is good info thanks! I just hope i never use it!

[KAAMAcat]

One option you would have, is to choose a repair shop that you know in-advance will NOT use "used" parts. GA law says you can have your car repaired wherever you would like, not where the InsCo would suggest.

(I went thru this with my sons TurboBeetle a few years back, was struck by a Progressive Ins driver. They insisted on a repair shop, when I wanted another. They went to their shop.......... the paint looked like it was matched by Ray Charles...........and needless to say we ended up at the shop I wanted the 1st time)

[Justin]

They are right just take it to a shop and get a check cut fix it up right then sell it so you can get an M!

[SOUTHERNBIMMER]

One option you would have, is to choose a repair shop that you know in-advance will NOT use "used" parts. GA law says you can have your car repaired wherever you would like, not where the InsCo would suggest.

(I went thru this with my sons TurboBeetle a few years back, was struck by a Progressive Ins driver. They insisted on a repair shop, when I wanted another. They went to their shop.......... the paint looked like it was matched by Ray Charles...........and needless to say we ended up at the shop I wanted the 1st time)

Christine used Classic Collision which is who Jim Ellis Volkswagon uses which is who she bought it from. She thought that would be good but no it wasn't. The deal is Classic Collision warranties their repairs for the life of the car. Ok, but do you want to continue to take the car to get issues fixed that weren't done right the first time? There so many things not right and the most obvious being the drivers rear door doesn't want to shut. It is like the seat belt is in the way and you have to force it. In defense of the repair shops though, they are trying to correct something damaged and some issues will arise or might not be as obvious at the time of repair. We talked to them and they assured us they would fix it but now it becomes an inconvenience. Now you have to be with out your vehicle and get some crap loner if your lucky and sit and wait knowing you will find more problems and repeat the cycle.
Now lets think for a minute.....60 secs. Ok. Where is the insurance company? Gone! There done with you. They dumped you on someone else and got out cheap. This is why we got a lawyer. Why should everything be at our inconvenience? We did nothing wrong. We did not invite an accident. She has a lot of pain and discomfort. She is going to the chiropractor and paying medical bills. Just one of the hospital bills was over $5000 and she has gotten more. You know what the insurance co. offered her on the phone? $900! $400 for lost wages and $500 for chiro. visits.:mad:
Nah! Talk to my lawyer Bitch!:icon18:

[SOUTHERNBIMMER]

That's good info, thanks. Do you have a lawyer that you would recommend to me? I spoke very briefly with someone at Robert Katz & Associates.

I assume this was someone reffered by your chiropractor? What chiro. are you going to? If you do not feel ok with Katz let me know and I will give you our guy's info. Just make sure you follow through. I have screwed myself a few times because I did not know what to do. No matter what, you deserve to be treated right. You have been hurt and inconvenienced through no fault of your own and those responsible should take care of you. If not, you go after them and take what is yours!
:fire:Might is Right!:fire:

[mistertripps]

Call Ken Nugent.... One call, that's all!!!

[88e28]

Philip, When I return in town next week I'll give you my Lawyers name. I used him 3 times in suits Hes in the west side of Marietta.

[Catmint]

Call Ken Nugent.... One call, that's all!!!

Or Ted Nugent. He'll go down there with his crossbow and scare the money out of them. :evil:

[Philip]

Or Ted Nugent. He'll go down there with his crossbow and scare the money out of them. :evil:

LOL Now there's an idea!