Involved in an accident - insurance company wants to use non oem parts?

Question

to repair my car. My car only has 25,000 miles and is still under warranty. Toyota says if i use non oem parts my warranty will be void. Can i demand oem parts be used?

Answer 1

Sure you can demand.  But you need to read the policy.  If the policy states that they have the option to use after market or used parts, your demand won't CHANGE anything.

MOST policies, in most states, allow non-OEM parts.

I'm a bit surprised that Toyota says that it will void the warranty.  I haven't heard that one before.  I mean, obviously the warranty wouldn't cover the replaced  parts - but it should hold for the REST of the car.

Answer 2

Depends on your policy -- if it states that non-OEM parts will be calculated in repair estimate then the only choice you have is to pay the difference. As for warranty, Toyota is (as usual) blowing smoke up your a$$. Using non Toyota parts will NOT void the vehicle warranty, only the warranty on the replacement parts will be voided, i.e; AC condenser, fender, battery, etc. I have been through this a million times and I know for a fact that a dealership cannot deny warranty -- only the parent company can make that call. Most insurance companies that use aftermarket parts will warranty them. There are plenty of aftermarket parts that are complete c**p and I really doubt the insurer wants those on your car. Aftermarket parts come in a wide variety. Do you honestly believe that a Diehard battery isn't as good as OEM? How about Preston antifreeze? Pennzoil oil products? Michelin tires? All of these products meet or exceed OEM standards and there's no reason to believe that it isn't possible for a company to manufacture a radiator or fender to OEM standards. A quality collision shop will not install a part that doesn't fit or isn't as good as the one it replaces. Like I said, you do have the option of paying the difference yourself if you choose.

Answer 3

I love this question, it is by far the one I get the most about car claims at work.

Frankly, the insurance company doesn't owe you for brand new OEM parts for a car with 25k miles on it. It doesn't matter how old the car is.

The basic premise of insurance is to put you back in the position you were in just prior to the accident. You had used parts with 25k miles on them so if the company paid you for brand new parts you end up in a better position then you were and that is not allowed. I have handled a few cases where people sued over this issue when they want brand new parts instead of used ones. They haven't won yet.    

To answer your question, you can demand whatever you want, but whether you get it is another question entirely.

Personally, I have used non-oem parts on rebuilt vehicles for myself and my kids. Some are great some, not so great. If you are concerned about the warranty (I'm no lawyer, but I doubt Toyota can void your warranty over non-oem parts) with non-oem parts then you have 2 options.

1. Put the brand new oem parts on and you pay the extra cost because the company doesn't owe you for brand new parts, since you didn't have brand new parts at the time of the accident.

2. Request a used (also callled LKQ = Like Kind Quality) OEM part. That way it's a part that Toyota made only it is used. I have had people request this instead of non-oem  parts (also called aftermarket parts). I will go along with this as long as the used parts can be located and I always cover 100% of the cost without the vehicle owner paying anything for the used parts it is a reasonable request.            

Good Luck

Answer 4

You should be able to.

Answer 5

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