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      05-07-2010, 10:21 PM   #1
nyknickfan
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Question Little Help Please..

I made a thread a few days ago explaining how I got rear-ended in my 4-month-old CPO 335...since then I received an estimate from both the insurance company and a BMW-authorized body shop.

The BMW-authorized body shop has the estimate listed at $950 replacing the rear bumper, but the insurance company has given me an estimate of $780. I looked closely to find the main source of the difference and it was the price of the rear bumper. The body shop has the bumper listed at $488 while the insurance company has it at $373. I was confused but after looking at the insurance's estimate it states...

"THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AUTOMOBILE PARTS NOT MADE BY THE ORIGINAL MANUFACTURER. PARTS USED IN THE REPAIR OF YOUR VEHICLE BY OTHER THAN THE ORIGINAL MANUFACTURER ARE REQUIRED TO BE AT LEAST EQUAL IN LIKE, KIND AND QUALITY IN TERMS OF FIT, QUALITY AND PERFORMANCE TO REPLACEMENT PARTS AVAILABLE FROM THE ORIGINAL MANUFACTURER."

I am not going to accept anything less than an OEM part, and I don't believe I should be paying a dime since I was the one who was hit and not at fault. I do not want the value of the car to decrease by allowing the insurance company to use non-OEM parts to repair my vehicle. Is it possible for me to simply demand the use of OEM parts? What should I do?

Thanks in advance guys...
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      05-07-2010, 10:24 PM   #2
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Yeah I would contest. As long as you haven't accepted any money/checks by the insurance company you should be good. If they give too much push back you might want to consult an attorney.
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      05-07-2010, 10:30 PM   #3
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All insurance companies do this and you don't really have to fight. Just make sure you go to the dealer and talk to them about the non-oem parts. Tell the dealer to negotiate with the insurance company and they will. In the end the value of the car has decreased already because it was reported that it has been in an accident. The value doesn't drop because there are non-oem parts on the car. Theoretically it does but no one will ever know unless you tell them.
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      05-07-2010, 10:30 PM   #4
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I posted a thread regarding this earlier. My guess is that you're going through your own insurance, when you don't need to since it's not your fault. As long as the other party has accepted fault go through his/her insurance. The reason for this is that you sign off a release with your own insurance stating that if used or aftermarket parts are available at the time of the accident, they have the right to use them. However, with the other parties insurance you have no contract and can contest anything.

I had someone hit me about a month ago. My insurance quoted me at $3,500, then when I saw it was mostly used parts, I decided to go through hers. Same repairs, but their estimate was $7,400 + a supplemental claim. The reason behind this is that they want to keep you happy so you don't sue, and also because they have no choice since you have no contract with them.
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      05-07-2010, 10:32 PM   #5
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non-OEM parts always make me queezy
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      05-07-2010, 10:32 PM   #6
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If you are 100% in the right then refuse any offer you are not happy with.

Make sure to remind them that their careless driver has affected the re-sale value of your vehicle too since it will show up on auto-check, therefore you will not accept anyone but a BMW-authorized repair center to work on your car.

Looks like I was writing my response when fruition3000 made the same point
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      05-07-2010, 10:42 PM   #7
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Thanks for such quick responses guys. This particular estimate was from my insurance company. I am going through the other person's insurance for the actual repairs, but I'm going to have to wait for the police report. I notified my insurance company while I was at the scene of the accident because the people who hit me made an attempt to leave the scene. I made the call to the insurance company after notifying the police to make sure there would be a record of the accident since the police in Newark take up to an hour to get to an accident without personal injuries.

So if I'm correct, when I get the police report and I am able to get an estimate from the party at fault's insurance company, I will be able to argue for the use of OEM parts without any problems?
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      05-07-2010, 10:44 PM   #8
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Which company are you with?
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      05-07-2010, 10:47 PM   #9
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I don't even think it will it be an issue because it's only a couple hundred dollars in parts.
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      05-07-2010, 10:48 PM   #10
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high point ins.
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      05-07-2010, 10:49 PM   #11
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Is that your broker or the underwriter? I've never heard of them.
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      05-07-2010, 10:51 PM   #12
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http://www.highpointins.com/ (I'm not advertising...just directing jaybird to more info)

I believe they're based only in NJ
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      05-07-2010, 10:52 PM   #13
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I think you know better than anyone at this point, but when I shop for car insurance, I usually call a couple of the 'BMW recommended body shops' and ask them what companies they prefer to deal with. They're usually straight up and will tell who's easy (for them) to deal with and who gets cheap.
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      05-07-2010, 11:02 PM   #14
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I've had High Point for years now...I recently purchased this car and I would like to have a company which BMW prefers, but I would rather have the lower monthly rate This is the first time I have somewhat of a complaint with them.

hjernazian mentioned this in the thread:
"I posted a thread regarding this earlier. My guess is that you're going through your own insurance, when you don't need to since it's not your fault. As long as the other party has accepted fault go through his/her insurance. The reason for this is that you sign off a release with your own insurance stating that if used or aftermarket parts are available at the time of the accident, they have the right to use them. However, with the other parties insurance you have no contract and can contest anything."

Is this accurate? Since I will be going through the party at fault's insurance company, should it still be a problem to get OEM parts? Thanks again guys!...I'm kinda freaking out a little lol
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      05-07-2010, 11:18 PM   #15
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Either way you should be able to hold your ground on OEM parts.
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      05-08-2010, 09:09 AM   #16
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I don't know why everybody is having difficulties with this as the resolution is very simple.

Tell the bodyshop to call the insurance company and give them the revised estimate using OE parts only - problem solved and you shouldn't be involved at all in any of the negotiations.
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      05-08-2010, 09:25 AM   #17
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this happened to me a few months ago and I went through the other guy's insurance company. Hopefully it's not the Farm with a team of adjusters and you speak to a different person every time you call. Each ins company policy can be different and with the Farm you have the right to choose OEM. They tried to not cover my rental before I start the claim when in fact I couldn't file the claim because the police report was holding things up so I had no idea which insurance company the part at fault had since he pulled over on opposite side of highway after hitting me in the rear. Anyways, good luck dealing with them and demand and demand. . .
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