"bad faith claim"? like BBB?

 

that was my understanding also before the appraiser told me that if Euro only uses oem parts, I may HAVE TO tow the car to another body shop

 

http://www.personal-injury-info.net/...anceclaims.htm

 

thanks, I will look into that if this doesn't get resolved in a professional manner.

 

I was an Insurance Agent for 8 years, I worked for Geico, Allstate and for most of my time USAA which was an AWESOME Company. You as a customer have an OBLIGATION to read your Policy Paperwork as well as the Insurance Company needing to explain the contract to you if you have questions. Your policy will state how long you have Rental Car coverage , also will explain IF they use Aftermarket parts for your claim, IT IS your decision to have OEM parts put on the car BUT can be more money out of your pocket. There was a HUGE lawsuit against State Farm a few years back about them not using OEM parts BUT keep in mind it is how your CONTRACT(that is what an Insurance Policy is actually) is written and will CLEARLY STATE this in the policy. It is terrible that your adjuster is taking this long, I would HOWEVER not contact that individual BUT find out who their Manager/Supervisor is and work from there. If it is indeed the insurance company lagging they should be able to to extend yoru rental car coverage BUT if it is a matter of your body shop going back and forth with them because they don't agree, I don't if you have a leg to stand on.

The most important thing is this , Get out your Policy Paperwork and actual Declarations Page. If you do not have it contact your Agent and aks them for your COMPELETE INSURANCE POLICY PAPERWORK INCLUDING DECLARATIONS PAGE. Ask the Agent directly what is stated in the Insurance Contract from them, most likely the Adjuster should already have explained this to you though. If they say the Car has $5000 worth of damage and that was using aftermarket parts BUT the OEM parts would have been $6500 and you compalined she should of explained. Totalling a car out is dependent on the insurance company as well, most insurance companies state a car is totalled if the cost to repair is 2/3(approximate) of the ACTUAL CASH VALUE of the vehicle which is the cost new less depreciation. Depreciated value applies on a vehicle, so the condition of the vehicle and mileage, tires are all down to steel belts would not get as much as a car upkept well and new tires etc etc. Also aftermarket parts gets to be a GREY area, you can have a car that has $20k worth of parts on it but the actual cash value is only $5000 and Insurance is only obligated to ACTUAL CASH VALUE. You can always get a STAED VALUE POLICY and itemize parts on your car. (this is alittle off topic I am sure )


Good luck with your claim


EDIT:Also purpose of insurance is to INDEMNIFY YOU which is put you back to where you were prior to the loss, I have seen insurnace companies put a used part on a vehicle and repaint it and legally I do believe they can since what you had prior to the loss was a used part.

 

Wow, very informative and helpful. Thanks for your input!

 

Anytime I always loved working in Insurance and one day I will go back to it actually, I want to go into the claims side I think though

 

Funny thing is I just saw a commercial on TV for a local Body Shop, it stated that an Insurance Company wanted to use aftermarket parts which were fine BUT they did not fit(just like your situation) and of course they had to use OEM parts, they stated they worked for the Customer and not the Insurance company so. Also it stated VA LAW required that the parts fit which of course makes sense. Like I stated check your contract and also speak with your actual Insurance Agent and they should be able to take care of you , good luck again

 

Im at GEICO now and I couldn't have said it any better myself.

 

no you dont. ugh im a claims manager. its hell