a few weeks ago me and my fiance where going to eat at olive garden well this lady backed into me in the parking lot.... and i mean backed into me she moved the rear of my truck when she backed in to me. I was passing her as she backed out of her spot she got my bumper and rear quater panel. Her insurance company said it was obvisly her fault so they are taking the blaim. The other day i got a check in the mail and letter/ with the breakdown of cost it said they where going to not put oem parts on....... im already ****** for many reasons but 1 i have a truck that they arnt going to replace the bed they are going to "stretch" the metal out the claims adjuster said and plus now im not going to have oem parts on....... none of this is my fault and now im going to have not oem parts on and a i guess a bondoed truck!!!!!!!. Im having the dealer do the work but is there anything i can do? complain to the dealer i dont want less then oem parts? im guessing thats ruitine is to put the cheapest parts on but i think its bull. thanks for your help/comments

 

You have to accept their offer and deliver the truck before they can proceed. Do not cash the check, contact the adjuster and let him know the offer is not acceptable. It's part of the game they play, get ready. BTW, who is she insured with?

 

cool thanks ive never been in a accident so im not sure how this stuff works i appreciate the help. its american family insurance

 

Been down this road. Best thing you can do is just keep it in the back of your head that the adjusters job is to get his company off the hook for the least amount possible. Yours is to get your truck returned to the condition it was before the accident. It's all a negotiation, so don't let it get personal, once they've got you angry they have the upper hand.

That being said, don't settle for a deal that you are not happy with. If you want OEM parts insist on it, but don't expect a complete new bed and full paint job. It's reasonable to repair a panel that is lightly damaged and a good body man will make it invisible, or to replace the bedside if the damage is bad enough.

Just stay cool and negotiate. Most attorneys will write a letter on their letterhead for a small fee and this is often enough to move the adjuster more towards your way of seeing things. Also, check with your insurance company. Sometimes they will negotiate for you. And lastly, don't let them rush you. If it takes two months to get what you want, it takes two months.

 

Turn it in to your insurance company and let them handle it. That is what you pay insurance for. They will ultimately pay to have your truck repaired and then go after the other insurance company to get compensated. You shouldn't have to do any of the bickering.

 

You are entitled to have the truck in the condition before the crash. When its a comp claim and its your company/car its pretty hard to get OEM parts. When I smacked a deer not too long ago I paid the difference for OEM parts.

About 5 years ago I had a woman back into my car with a truck and a hitch on the back. She stuffed it right through my hood and into the radiator. Her company tried the same stuff you said. The adjuster even said about putting filler on the hood right above the latch I would close the hood about 5 times before it cracked. I told him just as suggested above.... its a game. I educated myself and played it back. I ended up with all OEM parts (the hood was used but it was OEM) and a rental car. It cost me 25 bucks for a lawyer letter head and they jumped through hoops after that.

 

I would let your insurance Co. handle it. I was in a simular situation until I finally let my insurance Co. take over (USAA). They sent there own adjuster out and poof, it was taken care of, no more arguing from the other insurance Co.

 

Save this as a last resort. Before you contact your insurance company, research and read up on "CLUE" (Comprehensive Loss Underwriting Exchange) reports and how they affect you. The least amount of info you share with your insurance company, the better.

 

i went to my insurance company when it first happened (thought thats what your supose to do but aperently not) they want me to pay a 500 deductable. ill fight her insurance company before i give my insurance company any more money. thanks everyone for the help and comments its greatly appreciated.

 

This may be just a Texas law but a vehicle 3 years old or newer has to be repaired with OEM parts.

 

I have been able to insist on OEM parts. My insurance Co. did not charge me for their assistance.

 

You are lucky - they admitted guilt. I ALWAYS get the police involved by completing an accident report. The wrecks I have been in were not my fault and the trucks were totalled and I understand your pains when dealing with the other insurance company. My agent's last name is Klosterman and he did nothing for me, so I refer to him as kluster....! My wife got a giggle from that reference. Anyway, my insurance company had a team working on the claims and I still had to deal with the other party's insurance company. Demand OEM and nothing less!

 

Truer words were never spoken. I found out a long time ago that insurance companies rate accidents 1. at fault, 2. Not at fault, 3. % of fault.
The vast majority of accidents are #3, % of fault assigned to both parties, even when you think you could in no way be at fault.
For instance, wrecked my mom's new car, going thru a green light, girl turns left in front of me, I had the right of way, not speeding, etc, etc. She got 2 tickets, moving violations. Over $100k in vehicle damage and hospital bills between both parties. I was found to be 6% at fault. Consequently insurance went up due to the $6500 that my company paid out.
Same outcome when my mom get rear ended, while already stopped at an intersection. She was somehow about 20% at fault. ('cause she decided to drive her car to work that day???)
If you are not at fault, DO NOT give out your insurance info at the accident. Take the ticket for no proof of insurance. You can go to court and have it dropped if you then show proof that you had ins at the time of the citation.
This will save you from your company getting involved (at least it did 10 yrs ago when I got rear ended, not sure now with all the info floating around on the inner net). It saved my butt in an accident where 1 person rear ended me, she had no insurance, another rear ended her, and her insurance ended up picking up the tab for all 3 vehicles, 100%. My insurance company never found out about the accident.

Oh, and CLUE reports are often WRONG, but the ins companies use them as their bible. SPent over a year fighting to get the info straightened out under my name with CLUE, because every time I went to get insurance, I would get charged with everything on my parents policy (same name as my dad) and my rates would be enormous or I'd get cancelled.

 

You're not giving them more of your money,; think of it as "fronting" it.

Your option is to pay the deductible and get your truck fixed YOUR way. When your company finally hashes it out with the other person's insurance (called subrogation), you'll get your deductible paid back to you provided you weren't at fault. Keep meticulous records, retain everything sent to you. I've been in exactly your position- a guy fell asleep behind the wheel of his car in the parking lot of a Homey Depot and torpedoed my truck. My company paid me (minus my deductible), subrogated against the other guy's company, and 6 weeks later I got a check for my deductible from my company.

Do you have an agent? My agent really pitched in and argued my case to the company. It's part of why I keep my insurance with an agency instead of buying it online. A good agent is worth the commission- he can do the scutwork, hassle the underwriters and claims reps, point out deficiencies in your coverage, show you how to get the company to appraise your 1993 ClubCab CTD appropriately instead of lumping it in with the worn-out gassers, etc.