Car Was Hit.....opinions?

[shadango]

So some woman rear-ended my wife in her 2011 Stang....blaze yellow pearl paint.

Damaged the rear bumper and the black rear fascia under the bumper.

Have been to two places so far....the dealerr and the bodyshop that the insurance company of the person who hit her wants us to use.

Both places want to just repair the bumper. It has several areas of scuffs/scratches and it has cracked/bulged in the license plate area...not a huge crack but cracked none the less. The impact was enough to bend the license plate frame (metal) into a semi V shape where she hit it.....her car had a pointy nose on it.

I have suggested to my wife that she insist on a NEW bumper. But she said that the second place said they do not suggest that for two reasons: a) the insurance company of the person who hit her will not authorize genuine ford parts and will only OK aftermarket. and b) the paint color is a pearl and they say it will be very hard to match the rest of the car if the bumper is completely repainted. They want to repair it and spot paint/blend it. They say the scratches/scuffs should sand/buff out.

I am going to call the dealer and ask them to clarify why they only want to repair the bumper (she didnt ask them about replacement).

My wife doesnt want to pursue it so it will be up to me......Frankly, the car was PERFECT before the woman hit her.....now, we will have a REPAIRED bumper. I am also wondering if there is any damage BEHIND the bumper. Not sure if they will be removing the bumper from the car to repair it or not.

Anyone been in a similar situation and want to comment?

 

[ximportdriver]

Legal matters suck. I'm sorry you're in that situation. If I had any advice, I would give it to you. Sadly, I don't.

 

[95Vert383AOD]

You should be able to take your car to ANY repair shop of your choosing. Most insurance companies have agreements and deals worked out with certain local shops. At least that's the case where i live.

Find yourself a really really high end body shop and get a quote from them. Matter of fact alot of dealerships will subcontract body work from other body shops in the area. Having an Attorney may not hurt either.

 

[shadango]

Its more the question about the aftermarket parts and paint matching......I do plan on checking out other shops, though I really dont know of any "high end" shops, from experience. The one shop we would have considered is actually also the one that the other insurance company wants to use...and they are the ones who are saying that the insurance company "wont" allow genuine parts and that doesnt want to repaint the whole bumper.

 

[95Vert383AOD]

Genuine parts were damaged so genuine parts should be used. This is for Fit/ Finish reasons. Insurance companies go on a quote created by the body shop. There is no accident in them recommending specific shops.

What i tell most people is contact an attorney who deals in vehicle accidents. Go get some back rubs and let the Attorney beat the money out of the insurance company.

No matter what the insurance company is still a business and seeks to minimize costs. Why would their insurance care if you got a Ford bumper or one made in China? You aren't their customer. Minimum insurance payout is $25,000.....Thats the room they are given to work with.

My car was hit a few years ago. They paid nearly $4000 in vehicle damages and i got another $3000 in my hand after the Attorney got paid. This was a low speed 25mph zone impact.

Chris

 

[LAVAgt2012]

Talk with the paint&body shop and see what they recommend. Most of them do not mind sticking it to the insurance company and will more than assist you in the matter. If you don't like the body shop, don't settle. Call your insurance company and see if they recommend the same shops or if they have a different list.

 

[Husky44]

You absolutely should be concerned about what happened behind the bumper. That whole area is designed to give, to minimize injury to the driver. You have a right to insist on OEM quality parts. If the shop they sent you to is telling you that the parts they will pay for are not OEM quality, they don't have a leg to stand on. And I have no clue how a shop can claim they can blend a re-paint on the same panel better than they can color match an entire panel that will be separated from the rest of the car by body lines. I would go looking for a body shop that specializes in pearl and candy paint jobs, and get a quote from them, for full parts replacement with OEM parts, and a top quality paint job to match the original. If the insurance company won't agree, get a lawyer involved. Their client brought you into this situation through no fault of yours. They don't get to dictate terms. It's their obligation to make you whole, just as you we're before their client hit you.

If you have to get a lawyer, make sure that he sets your claim up to recover all expenses, to include his fees. Depending on your state, you may not automatically be covered even if you prevail, so ask your attorney and get it in writing up front. It's incredibly frustrating to prevail in court, then have to pay several thousand dollars in legal expenses.

 

[Mark Searles]

Shadango,

I used to manage body shops years ago and now I am a material damage auto supervisor for a major Mid West Insurance co. I used to do the same thing as a supervisor and an appraiser for the GECKO (not a great co. to work for/with)...Anyway...

You are in the drivers seat so to speak (no pun intended). Some states have 'parts laws' on the insured's car only. Meaning your carrier "may" be required by law and at your request to install an OEM (original equipment manufacturer) cover if it can not be repaired. If your state has a parts law then the the person who hit you does not legally owe a new OEM bumper. If replacement is needed they are legally responsible to repalce with (LIKE KIND QUALITY). You can have your company pay the claim with a Ford cover and then have your company subrogate the carrier of the people who hit you for the entire repair and your deductible.

Now the LKQ part can be used (off of another mustang just like yours) or and aftermarket cover such as Keystone. Now you could also get a new take off cover from a company like N.T.O. (New Take Off) in Fort Wayne Indiana. These are Ford bumpers that have been removed and replaced with bumpers from Saleen, Brenspeed, Steeda, Shelby, and similar co.

If the cover is repairable (plastics can be repaired even if they are torn and or cracked) and it is more cost effective to do so, then your company and their company are under no legal obligation to buy a replacement cover. No matter how mad you may get they will fix it. If you sue them your lawyer will take your money and it is about 99% assured you'd loose. There are no clauses in an insurance policy that says they "owe" you for happy. Just saying...

Any hidden (supplemental) damages behind the cover that may be found during tear down is owed no matter who pays to repair the car.

With regards to painting. It is highly likely that your cover does not match now. Your cover is plastic and your quarters are metal. Due to things that take place when painting with metals and plastics at the factory and even in shops it is reality. It doesn't match 100% now and it won't match 100% when you pick it up (if you paint the whole bumper). If the shops painter is quality and the repair is done at the impact point and as a blend color within panel etc...the repair will not be detectable. The base color is spread and blended and the entire cover is re-clearcoated.

The bottom line is this. Find a quality shop with a great reputaion and use them. You choose the shop!! The insurance co. simply have shops that they often recommend because they offer a dual lifetime warranty with them. The shops should do quality work and offer a quality warranty. The choice is still yours as to where to have your car repaired.

NO INSURANCE COMPANY CAN MAKE YOU USE A CERTAIN SHOP THAT THEY RECOMMEND...THAT IS ILLEGAL AND CALLED STEERING. FOR THAT YOU CAN SUE AND IF PROVEN ...YOU'D LIKELY WIN.

I HOPE THIS HELPS.

 

[stanmckinney]

In Kentucky, and I believe other states, you are permitted to use the body shop of YOUR choice.