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  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Default Accident After an Improper Lane Change

    My question involves a traffic accident in the State of: New Jersey

    Hello,
    My car was hit in an accident a month ago due to an improper lane change by NY driver. Police came and inspected the scene also reported the same that the other driver was trying to make an improper line change (middle to right) to get in to a jughandle (which is actually closed for snow) and causing the accident. But in the police report, the officer has shown it correct in the diagram but in the description he mentioned that I was in left line. But he put the proper codes saying the other driver is at fault.

    My Insurance company asked me to deal the claim directly with the other insurance based on the facts and the police report. I agreed to that 3 weeks ago(but asked her not close my claim yet) as they were not giving me the original (OEM) parts for my car (which is 18 months old) and asking me to pay the difference and again claim through the other insurance as i am at no fault.

    The other guys insurance company is just delaying the claim saying that they are still not accepting the liability. After 4 weeks they asked me to have the report corrected. I have requested police to correct the report description and send it to them. After sending the report, suddenly the started bargaining with me for 50% settlement! I am not sure why it is. They should first pay for my car (~12K damage) and rental. Also they say that they are yet to review the amended report and will get back to me.

    This being the situation, can somebody please advice me what i can do next?

    1) Should i ask my insurance to authorize for the repairs and rental and i pay the rest to get OEM parts (~2K) and go against other guys insurance? (anyways, my insurance company is going to send the claim back to the other insurance, not sure why they are not accepting to pay for the genuine parts)
    2) Approach an attorney?
    3) Any idea, how long the insurance company's are allowed to conclude the claim (is there any law that define the SLA)?


    Thanks so much for your help. I am really stuck with this issue and without a car for more than 30 days

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Determination of Fault - Improper Lane Change

    Why are you stuck with OEM parts v. aftermarket? Paying 2K for OEM parts ? Your choice but the insurance company should just give you a check and you can take it anywhere you like & have the work done however makes you happy.

    Why talk to a lawyer at this point (he would just cost you more money & your insurance co. is there to do this job).

    I don't know if they have to give you OEM parts .. google scholar search for you ... post back with results as it is an interesting question. I would guess not but I could be wrong.

  3. #3
    Join Date
    Dec 2011
    Posts
    2

    Default Re: Determination of Fault - Improper Lane Change

    Thanks for the reply. Mine is a new SUV.. and it has only 14K miles on it. I dont want to keep some aftermarket parts on the car for a n fault accident.
    But the other guys insurance gave the estimate with OEM parts. That is 2K more than what my own insurance co. has quoted for.
    The only pending part is liability now which is taking a very long time. I also want to make a DV claim (after the rapair) agaist he other insurance co. as my car's value went down

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Determination of Fault - Improper Lane Change

    If you intend to make a DV claim, you need to have a third party perform a before and after valuation of your vehicle. This will usually be at your expense. You might nudge them and ASK them nicely to cover it, however.

  5. #5
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Determination of Fault - Improper Lane Change

    What are the two companies involved? Some companies will buy OEM parts for the first 2-3 model years. All companies allow aftermarket allow aftermarket parts in their policy. State Farm buys OEM sheetmetal & safety parts (with a very few, rare exceptions) all across the country as an internal directive not as policy. Their policy, like everyone else, allows aftermarket parts. If you were hit by a State Farm custmer, push them to accept liability then use their direct repair program. Before any says it, Direct Repair Programs are not a scam. They ensure the car is repaired to the standards of the insurer. If the insurer pays for OEM parts, they must use them.

    If you choose a shop not on the program, they can repair to their own standard. They have no contract with the insurer and only have to make you happy. If they feel the adjuster lowballed them on labor, they'll make it back with cheaper parts. They may also buy cheaper parts on a "fair" estimate just to increase profit. It will work with 99.9% of customers because as they just see the pretty car in the end and are happy. Non-DRP shops get around deductibles by buying cheaper parts than the insurer allowed. They sure don't cut their labor.

    Another option if you must, is to go to the shop with your esitmate from your insurer and ask if they can price match any OEM parts with the aftermarket parts that were allowed. This is very common in the business. You MUST use a shop OFF your companies program though. Most large manufacturers have a price match program (to a certain extent) so it's GM, Ford, etc. taking the hit, not the shop or distributor. The techs would rather work with OEM parts too. If the part can't be matched, they can likely get close and you can just pay the much smaller difference. This is the type of conversation to have with the shop. Make them earn your business. You won't be a problem customer. This is common. It works better with individually owned shops as opposed to major dealerships too. The $2k difference in parts, you could likely negotiate down to much, much less (or $0) and receive OEM. If you're simply waiting for liability, just wait it out. It will be less hassle in the long run. The timeline varies by state law. I don't know it for your state. Don't get an attorney. It's way too soon in the process. This could all perfectly in the very near future and you'll regret having to pay an attorney.

    Some of these people here are attorneys and can give you their point of view. I am an insurance adjuster for autos at a major insurer. We (various company adjusters) all talk to each other because we have to pay to fix each others' customers' cars. I am very familiar with the policies and repair practices of the major players in the market. I also know the games the shops play a well. If you aren't happy with what your company is offering, you may want to compare rates vs. State Farm. If you have a wreck and it's your fault, your company is going to load you up with aftermarket parts and you'll have to go negotiate your own claim. And if you have Geico, you are so screwed. LOL

    Check out the link below. Notice the "Refusal to Pay" section. This is not a biased, insurer sponsered survey. This is a bodyshop industry survey for 2011.

    http://www.bodyshopbusiness.com/Cont...0000042007.pdf

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