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Advice when Insurance won't pay for new parts?

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Old 01-14-2014, 04:15 PM
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Advice when Insurance won't pay for new parts?

Hello all - I'm brand new to the forum and only got my first (used) Mini in September and was heartbroken when I slammed into a curb on New Year's Day and racked up $6,000 in damage!

It's taken this long to get State Farm to send an adjustor. After Schomp mini came back with a $6000 estimate ($3800 in parts) State Farm only wants to give us $1879!!! and tells us we have to used reconditioned parts.

I'm beyond upset and while my husband is trying to fight this with State Farm I thought I'd reach out to this forum. does anyone have any advice or has had success in getting insurance companies to pay for NEW parts?

thanks
 
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Old 01-15-2014, 02:27 PM
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Hi, Piper. First, welcome to the forum, and I am so sorry to hear about your stroke of difficult luck!

I am afraid I am no expert in fighting with insurance companies, but I would like to invite you to our shop to get another estimate on your repairs. We MAY be able to get you some better pricing on new parts (Ferney is getting parts from Mini of Loveland), and we can almost certainly save you money on the labor. Please have a look at our website at www.ferneyslubeandauto.com. Ferney and his service manager, Erik, used to be lead techs at Schomp, so you will get top-of-the-line expertise.

If this sounds worth looking into, go ahead and give Erik a call at (303) 762-9516.

Even if we cannot make your life any easier with this issue, we will look forward to being in touch on the forum and perhaps to meeting you at an Mini5280 event. Best of luck!!
 
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Old 01-15-2014, 03:13 PM
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We had a home owner's policy claim with State Farm this past summer. They gave us a runaround for two months which included multiple false statements and then offered us $250. When I finally got through to someone with integrity she prompty wrote a check for $1850. I don't recognize this company anymore.

What does your agent say?
 
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Old 01-15-2014, 03:30 PM
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I don't know what parts were damaged but in the past ive always made sure I was getting genuine new parts. I do know that if one doesn't request this that it is possible that you will get repro parts. I honestly don't think they have a right to tell you that you have to use reconditioned parts only. But your estimate might be high for the average cost of the damage. I would get another estimate and go from there. Do you happen to know what was all damaged on your MINI? good luck!
 
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Old 01-15-2014, 06:01 PM
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Piper,
Welcome to the forum and sorry this is the reason. My experience with State Farm was the same. My car was stopped at a light and pounded in the rear. A cop watched the whole thing happen. SF said the car was totaled and offered $900. Bottom KBB was $1600 and average was about $2k. I tried filing a complaint with the NY State Ins complaint dept but that is rigged in favor of the Ins Co and finally had to settle on about $1300. I was treated so badly by them I have vowed that if there is a next time that I have to deal with SF it will be with a Lawyer. Sorry for the rant, but I just wanted you know know that you are not alone with having problems dealing with them. Maybe a lawyer would help you; just a thought.

I would say that your best option is with Ferneys or some other independent. You should get a second quote anyway. Good luck with this and let us know how it works out.
 

Last edited by Eddie07S; 01-15-2014 at 06:04 PM. Reason: edit
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Old 01-16-2014, 06:28 AM
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I have always been told that an Insurance Company can only suggest that you use Repo parts, but if you demand New parts, that they have to go with that. Get the 2nd quote from Ferney's and also give MINI of Loveland a call. That way you have 3 solid quotes for State Farm to compare. They need to know that this is your baby, not theirs.
 
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Old 01-16-2014, 09:20 AM
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State Farm lost a lawsuit regarding exactly this:
http://cyber.law.harvard.edu/rfi/press/statefarm2.htm
However, that was some time ago and I'm unsure what the latest is...except they do make their policy of using non-OEM parts clear on their website so I suspect you'll have some trouble convincing them to do otherwise:
https://www.statefarm.com/claims/res...parts-promises
 
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Old 01-16-2014, 10:08 AM
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I didn't read the law suit above but I heard the justification given once that- for example if it is a 3 year old car then it is in "used" condition therfore, in theory, the parts being replaced are also in "used condition". I don't know if I buy i tcompletely but it is an interesting concept. The caveat for me and my MINI is that the thing is nicer and cleaner than the day it was delivered to me new at the dealership and I intend to keep it that way so there's the rub.
 
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Old 01-16-2014, 10:35 AM
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Sorry for your mishap. Read the wording in your policy. It's been years since I retired from auto insurance claims but there will be wording in your policy something similar to "like kind and quality" when it comes to making repairs. How old is your car? If the used parts being used are as good or better than the parts being replaced you're really coming out ahead. If they are in worse shape (rust, etc.) then that's a different matter.
 
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Old 01-16-2014, 10:50 AM
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No definitive help here but...I grew up with my knees under the kitchen table of a CPCU insurance agent. The purpose of insurance is to return you to the condition you were in prior to your loss...period. I think the term is 'indemnify', you might remind your agent of that.
 
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Old 01-16-2014, 11:02 AM
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I'm beyond upset and while my husband is trying to fight this with State Farm I thought I'd reach out to this forum. does anyone have any advice or has had success in getting insurance companies to pay for NEW parts?


READ YOUR POLICY.........you're paying a premium on a specific policy. Mine clearly states that SF reserves the right to replace with used parts. IF YOU do not want this in your policy, than you can ask SF to write a different policy - HOWEVER - expect to pay a higher premium. Did you read your policy when you bought it? if not - then it's your fault.

I just had a fender bender in my car (dented the rear doors on my van) - they replaced the door and repainted for $1,000 with used a used door from a salvaged van. I could not tell the difference. DON"T get too hung up on the repair shop using used parts - a used part does not mean it's old and crappy - it could have come off a new car that was recently scrapped. It keeps the cost of repairs down which reflects in a lower premium for you.....

Not sure why you are fighting it - again read your policy.

Gerry
 
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Old 01-24-2014, 05:52 PM
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thanks to all...

Thank-you very much to everyone who took the time to reply. Amazingly, my husband was able to convince State Farm to cover the costs for all repairs Schomp said needed to be made...and many have been done with new parts. He pushed it as a safety issue when it came to things like the suspension. In other areas that weren't critical we were fine with used parts.

We had a great agent who understood our concerns and got us in touch with the manager of the claims department and they worked with Schomp--who, btw, was great throughout the whole process.

I pick my baby up tonight, 24 days after this whole mess began! Can't wait
Thanks again
 
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Old 01-24-2014, 09:50 PM
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Schomp deserves a huge attaboy from anybody who's ever darkened their door IMO. They did me a huge solid at MITM a couple years ago and refused payment of any kind even when I offered to throw a 'currency' into their coffee/beer fund, I was refused the opportunity. Glad you got your difficulty resolved.
 
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Old 01-27-2014, 09:17 AM
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So glad to hear everything got resolved so well!! It is great when there is a happy ending to these frustrating stories. Kudoz to your husband for sticking with it and for his persuasive skills. Happy motoring and stay warm!! :-)
 
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