Forcing Aftermarket Parts When Not My Fault-NY

ssmith536

New Member
1
A guy hit my brand new 2016 vehicle (had less than 5,000 miles on it) and was determined to be 100% at fault. I am repairing the vehicle at the Nissan dealership where I bought it. His insurance is saying that aftermarket parts must be used on my car instead of OEM parts per their policy. According to the guy's insurance company-Liberty Mutual-the required repair to "pre-loss condition" is satisfied by using aftermarket parts and that is all that they have to do. Is this correct? Using aftermarket parts will void some of the bumper to bumper warranty that I have with the manufacturer of the vehicle (Nissan). What is the insurance company required to do in New York? The pre-loss condition included the manufacturer's warranty, so it seems to me that Liberty should have to pay for OEM parts so that I can maintain the manufacturer's warranty.
 
On a new vehicle, I would not settle with aftermarket parts, ESPECIALLY in a liability situation. I would ask them how much they have determined the diminished value to be on the vehicle also.

Pre loss condition, you had a new vehicle with new parts..... Never understood why companies try to settle third party claims with a first party mindset.
 
Have you spoken to the dealer's body shop? That would be my first call.

1 - There's generally not a huge availability of AM parts on brand new vehicles anyway, so I am a little surprised you're having this (very common) problem.

2 - Nissan has a nationwide AM parts price-matching program. I use it all the time. AM parts should not be an issue here. It's just the insurance company's way of paying less.

3 - You could always turn it into your insurance, pay your deductible, and let them go back on LM for reimbursement. Of course, this only works if your insurance policy covers new OEM parts.

Pre loss condition, you had a new vehicle with new parts..... Never understood why companies try to settle third party claims with a first party mindset.

The working theory I see here every day is that your own policy probably doesn't pay for new OEM's automatically. If it were that big of a deal, you would have bought it, and are free to turn a claim in to your own carrier.
 
How much damage was done? What parts are we talking about here? Is it just sheet metal? Or is there something more substantial damaged?

Dan
 
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