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Discussion Starter · #1 ·
My 2014 435 (with M-power pkg) was t-boned by a driver who ran a red light. The front left wheel was shoved inward and door crumpled. There is no argument she is 100% at fault.:cry:


I'm now in the position of fighting her insurer to pay for OEM parts. They 'why' of OEM parts is a separate, technical discussion but I believe that the performance at the high end is at risk when I take it out on the track.

I spoke with the state insurance commissioner's office (Georgia) and they told me that an insurer can choose whatever type of parts they want - they simply have to inform me on the estimate sheet. My only recourse is to reject their offer of compensation, pay for the repair myself and then take them to court (small claims limit is $15k here and I'm pretty certain it will be less than that).

Question: What is an effective proactive argument to make to the insurer to get them to authorize OEM parts?

My take is that aftermarket parts in the suspension and other segments of the vehicle will adversely affect it's ability to function at high speeds, extreme braking and turning, etc. If the front bumper comes off at 130 MPH then I'm going to be an unhappy camper.

Also, I still have about a year of the original warranty left - will use of non-OEM parts affect that?

The insurer hasn't even seen the car yet but I want to get ahead of this to try to avoid a fight with a legally-compelling case.
 

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I'm now in the position of fighting her insurer to pay for OEM parts.
Stop: They are the kind of company you do not want to deal with.

My only recourse is to reject their offer of compensation, pay for the repair myself and then take them to court (small claims limit is $15k here and I'm pretty certain it will be less than that)
Another option:

File a claim with your insurance company and let them handle the fight in this matter. Let your insurance company know you insist on OEM repair parts.

Your collision insurance will cover the repair minus your deductible. You will be reimbursed for your deductible when your insurance company recovers from the other insurance company.

Another thought: If they want to use non OEM parts insist they test drive the car on the track at 155mph for 10 laps with the owner of the dealership in the car as a passenger or even better sitting on the repaired quarter panel during the test drive.:rofl:
 

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02/2012 X5 35d M57Y CPO 121K miles NOKIAN WR G3 30K miles
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My OE parts endorsement costs about $10 per year.
 

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I'm now in the position of fighting her insurer to pay for OEM parts. They 'why' of OEM parts is a separate, technical discussion but I believe that the performance at the high end is at risk when I take it out on the track.
What is the insurance company saying about OE parts? Really, I'm not sure what non-OE parts they are going to be using to repair your vehicle. I suppose any of the suspension items could be non-BMW, but it will depend on what parts are being used whether or not they are same performance.

FYI, I wouldn't be mentioning anything about taking the car out to the track. Also, you probably should check your insurance policy about coverage at the track. Almost all insurance companies have dropped coverage for performance schools and track days.

I spoke with the state insurance commissioner's office (Georgia) and they told me that an insurer can choose whatever type of parts they want - they simply have to inform me on the estimate sheet.
Ga. Code Ann. § 33-6-5(13)

Identification of Parts. Any aftermarket crash part manufactured or supplied for use in the state on or after January 1, 1990, must have affixed to or inscribed on it the manufacturer's logo, identification number, or name. Such information must be visible after installation whenever practicable.

Repair Estimate Disclosure. When non-OEM aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurance adjuster and repair facility must clearly identify each such part. The following disclosure must be attached to the estimate in at least 10-point type:

THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.

My only recourse is to reject their offer of compensation, pay for the repair myself and then take them to court (small claims limit is $15k here and I'm pretty certain it will be less than that).
Question: What is an effective proactive argument to make to the insurer to get them to authorize OEM parts?
The other option is file a claim through your insurance company. If your insurance company recoups from the other person's insurance company, then your insurance company may reimburse the deductible. You might want to save the small claims for recouping diminished value. The most proactive argument is to simply ask the person's insurance company up front.

My take is that aftermarket parts in the suspension and other segments of the vehicle will adversely affect it's ability to function at high speeds, extreme braking and turning, etc. If the front bumper comes off at 130 MPH then I'm going to be an unhappy camper.
Not necessarily.

Also, I still have about a year of the original warranty left - will use of non-OEM parts affect that?
No and maybe. Magnuson-Moss Warranty Act prohibits automakers from voiding warranty just because a non-factory part was used; however, if the non-BMW part(s) were the source of a further issue, BMW could argue that it was the non-BMW part or work causing the issue and not warrantied. BMW or the dealership must show that the aftermarket or recycled part cased the subsequent issue before it can deny warranty coverage. In which case, you would be going back to the body/repair shop and/or the other person's insurance company for claim.

The insurer hasn't even seen the car yet but I want to get ahead of this to try to avoid a fight with a legally-compelling case.
Ask/demand up front and get it documented. Also, don't forget to claim diminished value, since that accident was pretty aggressive. Georgia is a diminished value state. Make sure that they include an alignment.
 

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Discussion Starter · #9 · (Edited)
Thanks for all the good feedback...

A surprise turn of events: my insurer (Amica) accidentally sent an appraiser out and he wrote up an estimate using all OEM parts - $4560. (I had contacted them and let them known about the accident because the at-fault driver had no proof of insurance at the scene and they mistakenly thought I was filing a claim).

I have only just heard today from the at-fault person's insurer (Federated National Insurance - anyone heard of them?) and they are in the process of opening a claim and will send an appraiser. I will see what number he comes up with and then make a decision about filing it thru my company and letting them recover -or- filing directly with the other insurer.

I'm greatly surprised that my insurer is using OEM parts because they haven't in the last two accident claims I've filed (I have teenagers).
I thanked the appraiser but sent him a note to the effect that the M-Power option had some different features that had a bearing on the parts - basically copy/pasted from the BMW web site describing the 2014 model. I want to make certain that he understand that basing the parts selection simply on the VIN may be wrong. (Basically, a blurb like this: "Beyond the stock BMW 435 these factory-installed options add additional braces tying the front subframe to the body, suspension enhancements to reduce the center of gravity and add electronically controlled dampers, front-fender air extractors & center diffuser, front bumper with side-vents, enhanced dual exhaust as well as other functional features (and also exterior cosmetic enhancements). "

The fact that there will be diminished value paid is a given - as someone observed, Georgia is a DV state (and it's been paid in all my claims in recent memory). The question is the appraiser's opinion of what that ration should be... while there is a standard formula it depends entirely on a subjective "factor" decided by the appraiser. In my last claim I disputed the DV calculate by the appraiser. I got him on the phone and we pulled the formula apart and he ultimately said that the 'factor' was his best guess and that another appraiser might have an entirely different opinion. :rolleyes:

Regarding mention of taking the car on the track... I'm not sure why this would be troublesome to my insurer so long as I don't expect to be paid any claim for an incident there. I wouldn't think they would care at all as long as I don't do anything on public streets and maintain a spotless driving history.

 

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Why not bring the car to a BMW collision center, if there is one and you trust them? I would think they would use BMW parts.
 

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Discussion Starter · #11 · (Edited)
Why not bring the car to a BMW collision center, if there is one and you trust them? I would think they would use BMW parts.
That was my first thought after the accident - i called the two nearest ones and they both farm their collision work out to independent shops. The third closest is on the other side of town and more than 50 miles from where I live. The car was undriveable and I wasn't to crazy about having it towed across town.

That said, I don't have the greatest amount of faith in my regular dealership who does the warranty work.
I wore thru my rear brake pads (completely unrelated to any track driving :angel: ) and the dealership blew up my phone trying to get me to come in to replace them. I made an appointment 2 weeks out and when I arrived guess what - they had no pads in stock. That's fairly typical of their service capabilities.
When the warranty is up I know a good shop nearby who does great work and I'll not see the dealership again.
 

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That was my first thought after the accident - i called the two nearest ones and they both farm their collision work out to independent shops.
Nothing wrong with that.

BMY of Portland Oregon does the same.

My sons 135i convertible repair work was excellent. Took awhile as they had to order some parts from Germany they did not have in stock.

Check out some of the before and after photos of that independent shop.

http://www.activeabi.com/photo_gallery

That said, I don't have the greatest amount of faith in my regular dealership who does the warranty work.
Then it's great news that they farm out their collision work.:thumbup::)

You might consider getting the name of the independent shop both dealers use and check the independent shops website. Also give them a call to discuss your concerns.

I want to make certain that he understand that basing the parts selection simply on the VIN may be wrong. (Basically, a blurb like this: "Beyond the stock BMW 435 these factory-installed options add additional braces tying the front subframe to the body, suspension enhancements to reduce the center of gravity and add electronically controlled dampers, front-fender air extractors & center diffuser, front bumper with side-vents, enhanced dual exhaust as well as other functional features (and also exterior cosmetic enhancements). "
Your repairs might take a little longer like my sons did if they have to order any of the things you mentioned from Germany.

I don't understand the need for an estimate if your going to drop the car of at a BMW recommended Body Shop. Just tell the body shop to fix the car to BMW factory specs.

My son repairs wound up going over $10,000
 

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Regarding mention of taking the car on the track... I'm not sure why this would be troublesome to my insurer so long as I don't expect to be paid any claim for an incident there. I wouldn't think they would care at all as long as I don't do anything on public streets and maintain a spotless driving history.
You probably ought to read your insurance policy, but hey, go right ahead.

For your car estimate:

Find out if they are going to use a used door, repair the door, or new door. Keep in mind that the body shop will not warranty any items like actuators, window lifts, SRS sensor, etc on the used door. Make sure they reset door SRS, because when they unplug to replace the door, it will trigger a fault. I would also make sure to do a water test on any used door, because the vapor barrier may leak. I would also get on your hands and knees to check the entire weather strip. Also, make sure to monitor the side mirror adjusts and works properly, and/or is reprogrammed.

On my side impact repair, the BMW body shop replaced the door with a used door one. Of note was the fact that any parts of the door like actuators, sensors, lifts, etc, were not warrantied. The body shop also split the door weather strip at the bottom, which was out of view, which I only observed when water leaked into the car, which was also due to the BMW body shop re-using the old vapor barrier and gluing it improperly rather than using a new vapor barrier and gluing properly. Since used door, the SRS sensor triggered a fault and had to be reprogrammed as well as the side mirror which would not retain memory setting.

Good to see they included the alignment. I would also ask them to include verifying the wheels are true and not bent.
 
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