Having accident causing persons insurance replace aftermarket parts
 

So last night I was merged into (essentially pit maneuvered) into a ditch, onto the oncoming traffic side of the road, and then back into the ditch.

The incident damaged my Rays 57CRs, my Verus from splitter, front bumper, Veerus Endplates, Rear bumper, and STi exhaust I think.


How do I go about making sure the causee's insurance replaces said items? This is my first accident claim.


Also, I'd be going after them for Depreciation as well.


[ame]https://www.youtube.com/watch?v=RVG5XKhHKCc[/ame]

You'll need receipts for all those things.

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glad ur ok friend. if you can provide receipts, that will help you a ton. if not, compile a list of the products you have that were damaged, with their prices and a link to prove thats their proper price. you might not get 100% back if you cant provide a receipt. but you can also ask the insurance people these questions. thats what they get paid to do. theyre not out to screw you, they just want to be done with you asap, and make sure theyre not being taken advantage of.

they might say "ok we'll give you $1000 for the aftermarket parts that were damaged" then you have to provide proof that what you have is worth wayyyy more than that, ie links to the items new for sale etc.

once again, glad ur ok. if you wound up with a broken leg...

I really need to get a dash cam.

It's good that your insurance isn't on the line as I think it would be harder to get your stuff covered unless it was specifically endorsed. As everyone else said, the more you can prove the better. Receipts, pictures, shop slips for labor, etc. If the other insurance carrier gives you a hard time with the aftermarket parts, bring this up with your insurer and they may be able to weigh in to argue your case. Good luck

Most people will simply tell you to get an attorney for this.
I'm not a fan of those people, but sometimes it is the right move.

I always handle my own insurance claims because I am persistent and competent, and apparently have a weird fetish for pain.

If you can't be bothered to deal with the insurance company yourself, then you need to find someone to represent you.

This being said, an attorney won't be interested if there isn't at least moderate personal injury.
An attorney takes their fee from the insurance payout for pain and suffering, not usually property damage.

Onto the aftermarket parts:
I had an identical situation with a motorcycle I had. A very nice, older bike that had a market value far above its "book value". Additionally, it was nicely modified with aftermarket exhaust, excellent Corbin seat, racing suspension, upgraded brakes, etc. In this situation, the bike was totaled.
The insurance company initially offered me $750 due to 'book value'.
I declined their generous offer.
This particular adjustor, as with many others, was not rude or aggressive, but simply said "that's all I can do until you provide me with documentation that shows the property damage is much higher".

So I hunted down dealership and ebay listings (only the actual sold ones matter) for the bike, and then tallied up MSRP for the aftermarket items.
I eventually added up the extras to ~$3k. Which is somewhat significant for an older bike.

I believe we settled on a compromise of like 50% (can't remember) of the MSRP of the items. In this situation, 100% value wasn't appropriate.

So I got ~50% of the $3,000, plus $1500 for the bike.

I did not provide receipts to the insurance company as I bought the bike modified, and never had the receipts. I just told them what the item was, and sent them an email with the weblinks.

Obviously, custom work is very hard to be reimbursed for. Although the bike had very time and cost intensive DIY work that added excellent value and utility, it just turned into a "if you can't put a dollar amount on it... :iono:"

So there ya go.
Be polite, but firm.
I always verbally expressed to the adjustor "I know your job is hard. I know you have a boss to report to. I get it. I'd like to make this as easy as possible for you. Here's every single document you need to justify to your boss what I'm asking for."

With some insurance companies, if you haven't added the aftermarket parts to your policy they will not be covered.

Reason: the insurance premium is based of stock car, when you modify, these parts are not calculated for.

This is why you need to add all aftermarket parts to your policy, which, will typically add to the cost of your premium.

This also gets "sticky" with adding power parts of other items that require an engineering certificate.

Disclaimer: this is based of all the small print in Australian car insurance policies.

Except he is filing the claim with the other insurance and ultimately it doesn't matter either way.

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First off Chuckles, ouch, fortunately she stopped so that is a good sign. Secondly, if not already done police report if not just to document everything. Cross your T's and dot your I's. It's amazing how some people can be so polite in person after an accident only to become a huge pain in the ass once reality sinks in later on. More so when they don't have to see you face-to-face.

So in the majority of these cases, you would report this to your OWN insurance company, supplying them with the police report, dash cam and the woman's contact, and insurance information. Your insurance company will be fighting on your behalf. Always go through them. Many people will try to deal outside of insurance and usually it just results in arguments and you getting screwed.

Yes, reporting aftermarket parts is something that you already should have been doing but, that doesn't mean her insurance company isn't liable to replacing them. Most companies have a built in policy including wheels and tires, with some anything up to a certain dollar amount is included. You will have to check your policy or speak with your agent for details.

With that out of the way, YOUR insurance company will be handling the repairs and whom you will be working with. After that bit they will then go after her insurance company for the costs and argue it out.



So like any other accident do some leg work and get a few repair quotes from independent shops and a few of their recommendations. When you do so you may want to take any receipts for parts along with you as you will need the bodyshop's estimator to include these in your estimate. Many will understand as they are car people too.

Your insurance company will likely send out their own adjuster to look at and underwrite the repair cost. Do the same thing with the adjuster, provide receipts and even walk him through the car and the Ts' special edition features.

In the end you will have an army of quotes that you may then use to make sure the estimator isn't low-balling you or the shop that will be doing the work.

Check over the estimates. If shop A, B and C all say it will take 1.5 labor do do something and the adjuster has 0.2 labor. Talk with them, find out why. Try to be respectful and kind and you can usually get them working more in your favor. The end goal is to get the repair done correctly the first time and to standard of how the car was before (or better.) Don't try to bullshit them into free-upgardes as they will pull time from elsewhere in the estimate, effecting the shop doing the work. Happy shop, happy insurance, happy client.

Pull your parts and screen shot any receipts of website selling the part. That way you don't have to try to find something on the spot. Some adjusters will just have you email everything to them. The only part they might try to weasel on is the STi axelback due to how much of a bitch it will be to find one. Talk with them and they may even be willing to let you order the parts with reimbursement. Most insurance companies and repair shops don't like to deal with places like japanparts.com simply because it's a bit more of a hassle to them and outside of their usual operating procedure. Also make sure to pre-quote things like freight/shipping. The more through you can be the better, just try not to step on any toes.

I had a totaled 2.5rs a few years back and the insurance company said they would pay me blue book for the car which was liek 2500 at the time.
it was extensively modified, so I had to bring them paperwork showing parts purchased and installed, and THEN give them price quote for similarly milaged cars on street value

they eventually paid something like 7 grand for it and let me buy it back to strip down categorizing it as a a "special function vehicle"

so I reckon its the same, you gotta show proof of parts purchased and installed for them to give you more

Ah but it does. They will refer him back to his insurance to pay for the customized parts.

It's happened many many times included to several people that I personally know. Now some got lucky, others didn't. Generally it falls in line with who the insurance provider is.. ABC Insurance Co is far less likely to cover anything they don't need to than Allstate is.

Hell Geico tried to only pay me 20% of damages for an accident where their insured was drunk and ran a red light. Their logic was that I hit his rear axle so he was "mostly through the intersection so had the right of way". They lost that fight but generally they will try to fight anything that increases their cost.

With the understanding that the rules vary depending upon company and location anybody here would not have a hope in hell of collecting for undeclared parts or mods. If you sign the contract stating your car is worth XXXX dollars and pay premiums on that amount that is the insurance value that is covered. If you come back after an accident and say "well I had $5,000 worth of extras on there" then they will just say you are shit outta luck. Again understand that things vary but it costs me around an extra $10 a year to insure my $3,000 in mods. If the car is totaled I get that paid without any fight since they are part of the agreed value of the car. People will pay thousands of dollars for wheels or parts but balk at an extra few dollars to insure them which makes no sense to me.

I've had multiple insurance companies 'verbally tell me' that any modifications cannot and will not be covered. I was unaware there would be any willing to cover mods.

I've always just supplied receipts. I've had dealings with a few different companies (including my own) and the only people who have ever fought with parts and value was my own. I had an adjuster tell me the wheels and tires didnt help my valuation one time, so I told her that's fine I have the originals I could throw on with snow tires. She then said that would reduce my valuation. Insurance companies are oftentimes tricky to deal with, but being as calm and cool as possible often helps. If you need to, involve your own insurance or a lawyer when it starts going south.

I called my broker up. They said what are the mods and how much do they cost? I told them and they said OK that will be $10 a year. It was that easy. Couldn't even tell you what the actual company is since it changes from year to year depending on what the best deal my broker can get me.

Some of y'all are missing the point entirely in your arguments about semantics of fine print.

Here's the deal:
If they break it, they buy it.
Period. The end.

It doesn't matter if you were driving a 1990 Honda Civic, or a 2020 Ferrari. If someone else damages your property, they owe you for the damage.
It also doesn't matter what's in or ON the car.
If they damage your property, they need to make you whole.

It doesn't matter if you have the newest, hottest, fly-est wheels and coilovers on your car, or whether you declared that to your own insurance company, OR NOT! It's irrelevant.
It doesn't matter if you had the Mona Lisa sitting in the passenger seat of your grandma's 1998 Buick.
If it's damaged, they pay for it. PERIOD

It's the same if someone rear-ends your car, or blows through the front wall of your home. Property is property.

The ONLY limit is the limit of the insurance coverage. If the person only has a $25k policy, that's all the insurance company is on the hook for.
If you have a strong case, and threaten to go to court, they might throw you $30k just to absolve guilt, but that's it.
You have to sue the insured for the remainder.

the fact that people don't understand this is...concerning to say the least.
People think someone can wiggle out of their obligations to replace your broken property with "you didn't declare your Volk wheels to your ins co so I don't have to pay you back!"
crazy...

Maybe that is how it works where you are but it is NOT universal.
We have what is called "no fault" insurance here. Doesn't matter who caused the accident it all goes through your own insurance company so if your policy doesn't include it you are not getting paid.


I thought I was very clear in saying rules vary depending on location but I guess you figure what applies to you is the same for everybody. It ain't.

If you can prove they damaged it they are liable.

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Police here don't even cite people for it. My boss got rear ended 3 weeks ago at a stoplight, it is all going through his insurance. Other dude didn't have insurance at all. The only thing he can do is sue in small claims for his deductible back.

Hell, my cousin got hit by a car crossing the street. The driver took off. He gave them a description of the driver, vehicle, and plate number. They said since there was no injury or property damage, not their problem :bonk:


If that was the case, people wouldn't need special collector car insurance for their restored vehicles. They should be able to just submit a pile of receipts, right? :iono:

Well, I have insurance through my work so I don't have a broker to interface, but might just make a call and see what can be done.

In a perfect world. This one is not.

Well I did say IF you can prove it.. having the police not cite an at fault driver makes that harder. I live in a state where if you are not at fault the other driver has to make you whole again.

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I get what you mean

. Like @Tcoat, I am stuck in no fault state purgatory :(

Depends on where you are and the company. I've never heard of wheels specifically being a concerned but other performance parts, yes. Engine swaps, turbo kits, etc won't be made whole generally here unless you purchased extra coverage from your own insurance provider and then they cover that.

In all the examples of things not being paid out have been total losses though so might be different for light damage.

Like @Tcoat - Florida is a no fault state.

And sadly I live in one the insurer of a driver arrested for a DUI and obviously charged with the accident doesn't have to pay without arbitration/court.

Good thing I went with a lawyer lol.

I've had to my last couple accidents. No shame in it, they help mediate a lot and kind of take the worry away to an extent. At least if you have a good one.

Unfortunately I have way too much experience getting hit.

First of all, it looks like you're in Canada, so....
Second, here's a website talking about fault vs. no-fault states and their rules
https://accident-law.freeadvice.com/...-accidents.htm

And here's a quote from that website:
https://i.imgur.com/Lj5tnU7.png

Third, if you want to accept some bullshit excuse and get screwed, that's fine. You do you, bro.
But I won't get caught being made worse off because some clown hits my shit.

Someone damaging your property and not being properly reimbursed is literally against America. The Pursuit of Property is one of the inalienable rights that the Declaration of Independence and the U.S. Constitution were built on.
The U.S. Constitution and Bill of Rights has several amendments and mentions in it to specifically protect citizens and their property.

Yes. :bow:

#1 - police are lazy. They do not want to file a police report. It is more paperwork for them to write a formal report vs. handing you a "case number" on the back of their business card.
If you ask them, they may give some answer such as "we only file a report if someone is injured and needs an ambulance"
The truth of this can vary by state, but it is in your best interest to pressure them to write a report. It will make fighting your claim much easier.

If there is no police report written, it can make it easy for the 'bad' driver to wiggle out of it being their fault, or lessen the severity of the accident. This mostly applies to accidents that 'could be argued'. For example, someone slams into your rear end at a red light, that's pretty much open and shut, but other collisions aren't as clear-cut.
As a result, you will need to rely on other evidence to prove it. Dash cam footage, pictures you might take of damage on the vehicles, their testimony, etc.

#2 you cousin got hit by a car crossing the street and there was no injury? That doesn't even make sense. Moving on...

#3 special collector car insurance for their restored vehicles
Not really the same thing... Those kinds of cars are not easily appraised, so a regular car insurance company (who specialized in insuring Toyota Corollas or similar) cannot properly gauge the value of the car.
Also, collector car insurance usually means the car is rarely driven, if at all. That's why it is often cheaper.
People would get this insurance for their show car, rarely driven, and it's mostly for peace of mind in case of theft, a natural disaster, or etc.

Again, no-fault state applies to personal injury, only. Not property damage.

The last line of your attachment summarizes it all. Yes somebody is "at fault" but it all goes through your own company. In that case your company will not pay for items that you did not pay premiums on. Why should they? There is also the very valid option of suing but that was the point of discussion about coverage.

I knew that response was coming :D

If you consider bumps and bruises injury well......:iono:

It clipped him and he fell on the hood and more or less crushed it. Car was moving just over walking speed and came at his "rear 3/4." They were making a left from a one way street onto another one way street. I can call him and get more detail if you want?

He works down the street from where I live. It was a chevy cruze that hit him. I keep printing off pictures of them and writing, "I'm gonna get you boy" on them and taping them to his window :D

There is an OR in that last line.

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Yep. You could also say you would get your maximum insurance coverage AND sue for the rest.


At no point have I said that somebody should not be made fully whole but simply that you can no insure your car for $20,000 value and then demand and expect $30.000 from insurance when it is damaged.

Lol. Thanks for the reading comprehension.

People here (and in general) don't seem to understand different types of insurance...
There's comprehensive and there's collision

Basic coverage vs. "full coverage".

Anyways, this is a classic example of people not being able to defend themselves or handle conflicts properly.
I'll file this in the same category as people getting screwed by the dealer and 'just accepting it' because they don't know what to do.


Seriously guys, develop tools and skills to fight your own battles.
Learn negotiation tactics, learn how to use leverage, learn how to form a competent argument and win your case.

Good luck.

Everybody needs to use whatever they can to get full value. My point was to not expect them to just hand it to you not that you shouldn't go after it.

of course nobody is going to hand you the full value.
of course you need to fight for it.

If they just handed out the proper amount of cash, then lawyers wouldn't be necessary

What you're saying is the equivalent of announcing to the forum that "the dealer won't give you a fair amount for your trade-in. Be careful!"

It definitely depends where you live.

My last car was rear ended and totaled, and the ONLY thing I said to my insurance company was 'I got rear-ended'. They told me to hang up and call the other party's insurance, and that was it.

The other party's insurance covered the entire claim under the other driver's policy. Since I wasn't filing a claim to my insurance, it made absolutely no difference what my policy did or did not cover.

Been a week and no one has contacted me regarding setting up a time for an adjuster to look at the car.

Fun.

Sometimes you have to call them, repeatedly. It's easy to get forgotten by a large corporation.

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Right. As it should be.

It makes no sense for my insurance company to pursue the other company for me.
Seems to just make it more complicated. You go after your own insurance company (potentially ruining your relationship with them), and then they go after the other insurance company.
It turns a 2-party situation into a 3-party situation.