Rear Ended Advice Appreciated

ToyotaBrah

Member
I was involved in a rear end collision this evening. The impact damaged the rear middle bumper piece and passenger side bumper cap. I did file a police report, and the police officer found the girl who hit me at fault.

My question is when her insurance company (statefarm, also the same as mine) comes to assess the damage to my truck, I have a gut feeling they will cut me a check for aftermarket parts or used OEM replacement bumper pieces since my truck has 232K. What can I do to ensure that I get compensated for new factory Toyota parts?

Thanks in advance.

Pics of the damage below. As you can see, the right bumper cap took the brunt of the hit.



IMG_4924

by FaheemBB6, on Flickr


IMG_4930

by FaheemBB6, on Flickr


IMG_4925

by FaheemBB6, on Flickr
 
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Take the check, find matching color parts from a junkyard, install yourself, pocket balance after purchase of celebratory six pack. :beer:
 
Your policy probably states LKQ parts....I highly doubt you'll get new Toyota ones unless the color keyed option makes it a necessity.
 
I'm a former claim rep with State Farm (a while ago, though).

LKQ parts are warrantied the same as brand new parts by State Farm for as long as you own the vehicle. These are parts that are actual Toyota parts, but have been used (i.e. a 4Runner like yours was totaled with front damage only, so they pull the rear parts and use them. While I was in claims training, I noted that these parts are better than new AEM parts. Your 4runner is old enough that they probably can't get actual brand new Toyota parts.

Also, if you make sure to go through a State Farm "Select Service" repair shop, you'll get the best results. State Farm's Estimatics people are very tough on those repair shops to ensure the best work from them. (I was spending a day with one of my best estimatics guys, and he was doing surprise inspections and found a shop that looked nice, but was heating frame rails to bend back into shape/alignment -- he yanked their Select Service status that day.)

Feel free to PM with any questions. Since this is a double-width claim and it should be fairly easy for you.

PS: Law enforcement don't determine "fault", they determine "causation". Claim reps determine "fault".
 
I'm a former claim rep with State Farm (a while ago, though).

LKQ parts are warrantied the same as brand new parts by State Farm for as long as you own the vehicle. These are parts that are actual Toyota parts, but have been used (i.e. a 4Runner like yours was totaled with front damage only, so they pull the rear parts and use them. While I was in claims training, I noted that these parts are better than new AEM parts. Your 4runner is old enough that they probably can't get actual brand new Toyota parts.

Also, if you make sure to go through a State Farm "Select Service" repair shop, you'll get the best results. State Farm's Estimatics people are very tough on those repair shops to ensure the best work from them. (I was spending a day with one of my best estimatics guys, and he was doing surprise inspections and found a shop that looked nice, but was heating frame rails to bend back into shape/alignment -- he yanked their Select Service status that day.)

Feel free to PM with any questions. Since this is a double-width claim and it should be fairly easy for you.

PS: Law enforcement don't determine "fault", they determine "causation". Claim reps determine "fault".

I spent 30+ years in the auto body industry as an owner or estimator and disagree with almost everything this post says. Claim reps don't determine fault. They make judgments that wouldn't necessarily hold up in court. They decide if the company will accept liability, which in this case is only relevant to whether or not the OP pays his deductible.

In CA State farm does not use aftermarket parts, I can't speak to what they do in other states. LKQ means like, kind, and quality, very subjective but some companies apply that term to AM.

The "select service" status doesn't assure anyone of the best possible repair. I saw enough repairs to know this as a fact, any DRP is only as good as their employees and/or QA system.

Those parts ARE available OEM.

State Farm doesn't warranty shit, if you have a problem, the shop has to eat it. The insurance company doesn't pay twice for the repair.

The verbiage of your contract with State Farm will dictate what they do, and it varies from state to state. If you feel as a claimant you aren't getting treated as you desire, since you are both the insured and the claimant there is a conflict of sorts, there is one almost sure fire way you can get what you want. You can pay out of your pocket for the repairs to be performed using OEM parts. Then present the final itemized bill for reimbursement, along with documentation, ie invoices for parts and pictures of the old parts. If they don't pay you the full amount, take them to small claims court. They WILL lose.
 
A court will be able to determine fault with a level of objectivity, an employee of said for profit corporation, no so much.

Sent from my SM-N900W8 using Tapatalk
 
heating frame rails to bend back into shape/alignment

No offence ment, but I-car training teaches you these processes. Its dependant on the manufacturer as to how much and for how long you may do this. Chevy states 1200o for 90 seconds two times. Any more than that and you alter the structural integrity of the steel.

As stated before, they'll probably use LKQ (salvage yard parts) to repair your vehicle. Not a bad thing because you're getting OE parts. Or you can take the check and go aftermarket.

The most important part is both parties involved are not injured.
 
Love tap........................take it to the best repair shop, get an estimate and cash out. Remember, never settle for the first offer.
 
As IBall pointed out...LKQ can mean aftermarket too....not just bone yard parts. There's a VERY loose definition of LKQ that many insurance companies use....which is why you end up with Certifit (er, sorta-fit, LOL) panels on repairs in some cases.
 
Yeah, more than anything, I am glad that I'm fine and the girl that hit me was fine. By the way, I also have dash cam footage of the impact. Is that something that I should present to law enforcement or Statefarm?

The frightening part is, I was very close to driving my S2000 yesterday, but I changed my mind at the last minute. Even with it being a low speed impact, I think the S2000 would have incurred frame damage.

On Monday, I will be getting a few estimates from a few shops that have high repair standards. Thanks for the replies, guys.
 
I spent 30+ years in the auto body industry as an owner or estimator and disagree with almost everything this post says. Claim reps don't determine fault. They make judgments that wouldn't necessarily hold up in court. They decide if the company will accept liability, which in this case is only relevant to whether or not the OP pays his deductible.

In CA State farm does not use aftermarket parts, I can't speak to what they do in other states. LKQ means like, kind, and quality, very subjective but some companies apply that term to AM.

The "select service" status doesn't assure anyone of the best possible repair. I saw enough repairs to know this as a fact, any DRP is only as good as their employees and/or QA system.

Those parts ARE available OEM.

State Farm doesn't warranty shit, if you have a problem, the shop has to eat it. The insurance company doesn't pay twice for the repair.

The verbiage of your contract with State Farm will dictate what they do, and it varies from state to state. If you feel as a claimant you aren't getting treated as you desire, since you are both the insured and the claimant there is a conflict of sorts, there is one almost sure fire way you can get what you want. You can pay out of your pocket for the repairs to be performed using OEM parts. Then present the final itemized bill for reimbursement, along with documentation, ie invoices for parts and pictures of the old parts. If they don't pay you the full amount, take them to small claims court. They WILL lose.


Well, considering I did actually work for State Farm I'm sure I have more knowledge of how they handle things. One, LKQ with State Farm is never AEM (they use both terms). If California doesn't allow State Farm to use AEM parts, then that's California's choice.

Two, claim reps DO determine fault; fault CAN be changed due to court action. However, since State Farm insures both vehicles involved in this collision it will never make it to court, especially so since the rear of OP's vehicle was struck, therefore negligence is easy in this case. Law enforcement officers NEVER determine "fault" (fault entails civil law, and officers don't deal with civil law unless ordered by the courts).

Third, State Farm DOES warranty the use of LKQ parts -- a separate warranty policy is issued to the insured when the parts are called for in the estimate (I had to read it).

Fourth, all State Farm policies include a clause that excludes an insured from initiating court action over the parts used unless it's a diminished value claim. All others go to arbitration, and rarely does the insurance company lose. (Injury cases are where lawyers get involved, especially if they think there was unfair claims settlement practices involved which is where they really get a lot of money -- and the only type of lawsuit that an insurance company fears).

Fifth, if you try to repair your vehicle after initiating a claim without the company's permission, you invalidate your claim (also in the policy). State Farm will, if enough complaining happens by a good customer, will make allowances but I wouldn't bet on it.

Lastly, this is not one claim -- it will be two claims with two claim reps. It is illegal for any insurance company to have two insureds involved in the same collision in one claim file. Again, it's called unfair claims settlement practices.

Whether OEM parts are or are not available, you'd obviously know that more than I would -- I don't repair vehicles. And, I can also say I didn't specify in my original anecdote that the shop that was de-certified was nearly melting the frame rails. The estimator I was with had well over 30 years of experience in auto repair (worked with State Farm because he got some kind of lung damage from the "old days" of painting in booths with no protection). Sure, a shop that is Select Service might do a bad job, but then it falls back on State Farm because State Farm "certified" the shop, which translates to protection for the vehicle owner.

Just because your owned/worked in a repair shop doesn't mean you know how insurance companies work, other than writing them estimates, negotiating repair prices, and fixing vehicles.
 
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Well, considering I did actually work for State Farm I'm sure I have more knowledge of how they handle things. One, LKQ with State Farm is never AEM (they use both terms). If California doesn't allow State Farm to use AEM parts, then that's California's choice.

Two, claim reps DO determine fault; fault CAN be changed due to court action. However, since State Farm insures both vehicles involved in this collision it will never make it to court, especially so since the rear of OP's vehicle was struck, therefore negligence is easy in this case. Law enforcement officers NEVER determine "fault" (fault entails civil law, and officers don't deal with civil law unless ordered by the courts).

Third, State Farm DOES warranty the use of LKQ parts -- a separate warranty policy is issued to the insured when the parts are called for in the estimate (I had to read it).

Fourth, all State Farm policies include a clause that excludes an insured from initiating court action over the parts used unless it's a diminished value claim. All others go to arbitration, and rarely does the insurance company lose. (Injury cases are where lawyers get involved, especially if they think there was unfair claims settlement practices involved which is where they really get a lot of money -- and the only type of lawsuit that an insurance company fears).

Fifth, if you try to repair your vehicle after initiating a claim without the company's permission, you invalidate your claim (also in the policy). State Farm will, if enough complaining happens by a good customer, will make allowances but I wouldn't bet on it.

Lastly, this is not one claim -- it will be two claims with two claim reps. It is illegal for any insurance company to have two insureds involved in the same collision in one claim file. Again, it's called unfair claims settlement practices.

Whether OEM parts are or are not available, you'd obviously know that more than I would -- I don't repair vehicles. And, I can also say I didn't specify in my original anecdote that the shop that was de-certified was nearly melting the frame rails. The estimator I was with had well over 30 years of experience in auto repair (worked with State Farm because he got some kind of lung damage from the "old days" of painting in booths with no protection). Sure, a shop that is Select Service might do a bad job, but then it falls back on State Farm because State Farm "certified" the shop, which translates to protection for the vehicle owner.

Just because your owned/worked in a repair shop doesn't mean you know how insurance companies work, other than writing them estimates, negotiating repair prices, and fixing vehicles.

I still disagree with almost everything you are saying.

Because State Farm insures both the insured and the claimant, we are most likely talking moot points here.

Car Accident Cases in Small Claims Court | by Nolo

You can take anyone to court, the contract with state farm isn't worth the paper it's written on, especially in small claims. Been done thousands of times with very high success.

You may have read a policy, and believed the company line. But it's the shop that eats it, and the vendor. In this case the used bumper is never going to fail, and there isn't actually a problem. If it didn't fit properly it would be up to the shop to have the vendor provide a better part.

State farm can not dictate to the owner of his car where or how his car is repaired. It is against the law. End of story. They may not pay accordingly, but they can not force anyone to do what they don't want to do.

The claim rep can not determine anything. They have NO authority in a court of law. They are minions. Do you honestly think a judge would give the claim rep's opinion more weight than that of a police officer writing the report?

My experience was not limited to writing estimates and negotiating price. I helped many customers find their way through the settlement process, especially as the claimant where there rights to indemnification take precedence over the letter of the contract.

I get you are going to believe your "company" view. But your believing it doesn't make it fact. I won't convince you, my purpose with responding is to avoid misinformation. Somewhere between what you believe and what I believe is the real world. I will leave it there. This is not the forum for our disagreement.

:peace:
 

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