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