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Brandon9999
04-16-2016, 04:22 PM
Just making sure with everyone here, if the shop doesn't replace the part for my car correctly; they will have to pay more to have it fix right? I was rear ended and they ended up putting the wrong trunk lid on...


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Brandon9999
04-16-2016, 04:22 PM
http://uploads.tapatalk-cdn.com/20160416/4f9aefd18f5bc4fb1fafb0259d3932c3.jpg


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Brandon9999
04-16-2016, 04:23 PM
http://uploads.tapatalk-cdn.com/20160416/df789d292d0f38d2eb7f662d67f7558f.jpg


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seandon_792
04-16-2016, 04:28 PM
Insurance companies typically only pay out for OEM vin specific replacement parts. So if your car wasn't an Sline originally and you did not have modifications covered in your policy then they did "fix it right".


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Brandon9999
04-16-2016, 04:30 PM
It wasn't an s-line originally, I contacted the adjuster. Isn't it mandatory that they replace the car to exactly how it was, since the accident wasn't my fault?


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seandon_792
04-16-2016, 04:54 PM
If the aftermarket parts were covered in your policy then yes. If you modified it and did not get it covered or didn't notify them then they are only obligated to return it to factory spec.


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Brandon9999
04-16-2016, 04:55 PM
I luckily did notify the adjuster at the start, so hopefully Monday he will own up to forgetting.


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seandon_792
04-16-2016, 04:56 PM
Good to hear [emoji1360]. Good luck!


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Brandon9999
04-16-2016, 04:58 PM
That made me feel a whole lot better, I thought I was screwed. S-Line lid is way better than the regular


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onedumslack
04-16-2016, 05:07 PM
No way. If the claim is with your own insurance company and its your fault then yes they are only obligated to return it to OEM vin spec. But if the accident is the other person's fault, then it has to be replaced to its original value. Which would include your upgrades and mods.

Brandon9999
04-16-2016, 05:13 PM
Okay good, yes it is under the other party's insurance company. To top it all off, they put a yellow bulb in one of the license plate lights just to annoy me further.


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onedumslack
04-16-2016, 05:17 PM
It's property damage. If you decide to put on a gold plated bumper and they smash it up. They have to pay for the damage up to the max quantity their insurance will pay. Anything more than the max and you will have to sue them personally. Has nothing to do with what the car was originally purchased with.

onedumslack
04-16-2016, 05:18 PM
Now if you approved the bumper work and it's the same value. Then thats another story.

Brandon9999
04-16-2016, 06:37 PM
I only signed for the repairs to be done, luckily I never signed any papers upon pickup. Right afterwards I contacted he adjuster and let him know that the repairs weren't done correctly. I had let him know prior to the repairs that I had done those two mods to the rear of the car. Hopefully they didn't use a duraflex bumper cover as well.


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80sGuy
04-17-2016, 06:02 AM
The insurance should fix your car to the original specs, or from the condition that was purchased in. This is where the body shop comes to play, is to squeeze as much as they can out of them, not only for your part but also for the shop. Body shops+insurance work = BIG BUCKS!!!

onedumslack
04-17-2016, 07:50 AM
The insurance should fix your car to the original specs, or from the condition that was purchased in. This is where the body shop comes to play, is to squeeze as much as they can out of them, not only for your part but also for the shop. Body shops+insurance work = BIG BUCKS!!!

This is not true. It would be true if he was filing a claim against his own policy. But when filing a claim against the other parties insurance because it's their fault, they have to pay for the current value of the damaged item. Not what was originally there.

Brandon9999
04-17-2016, 09:32 AM
Yes the other driver is at fault. Would they offer me a small check to be done with the whole thing and forget about the repairs? If so, which option would be best?


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M0E7
04-17-2016, 09:39 AM
As others have stated, in your situation the car should be repaired to pre-accident condition by the other party's insurance company. The insurance company will likely try and push back, delay the repair, etc.. as it is in their best interest to not incur more cost; do not accept the repairs until it is completed to your reasonable satisfaction.

Conversely, if you had a claim through your own insurance company, they would only repair pursuant to your policy (e.g., no modifications unless elected)

Brandon9999
04-17-2016, 10:02 AM
Thank you for all the clarification. I will be updating my policy to ensure I won't have to pay out of pocket.


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Okedokey
04-17-2016, 05:05 PM
You're covered for whatever you notify the insurance company and pay the premium for.

Brandon9999
04-18-2016, 07:50 AM
So the adjuster just called me and told me its all on the shop and I would have to go through the shop. It's kind of a mom and pop shop...this will be fun


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jcsa4
04-18-2016, 04:33 PM
Don't let them push you to the shop. Check the estimate, if the appraiser wrote for the wrong part then the insurance company is responsible for the incorrect part. If the insurance company wrote for the correct part and the shop put the wrong part on, then it is on the shop. Depending on the estimating system that the appraised used, the part number might be on the estimate. If I can help feel free to PM me. I don't want this to turn into a battle, just want to make sure you get your issues resolved.