Wife got in an accident today - Need Advice

[two_bit_score]

But USAA deserves much blame for pushing hard on all of the shops to use recycled junk they call LKQ (like kind and quality) because it sounds better. And for an example from the second Fusions estimate, a LKQ (ie junk yard) upper tie bar is on the estimate at $250. A brand new Ford OEM tie bar bought online from the local dealer was $253.23. An A/M (aftermarket) left fender liner at $41.00 while OEM cost was $35.22! And so on.

I am not a lawyer and this is not legal advice. Was this a claim under your own policy with USAA? If so, maybe you should have paid the difference and got the OEM parts for your car then filed suit in small claims court against USAA for not paying to put your car back in pre-accident condition. You could enter all the complaints you detailed as evidence that the parts were not truly LKQ and it sounds like to me you would have a good chance at winning. Then you could (in Texas anyway) ask for treble damage and attorney costs under the Texas Deceptive Trade Practices Act. You might also have a claim for diminished value to your vehicle if this was NOT a claim under your policy with USAA,

 

[newbury]

I am not a lawyer and this is not legal advice. Was this a claim under your own policy with USAA? If so, maybe you should have paid the difference and got the OEM parts for your car then filed suit in small claims court against USAA for not paying to put your car back in pre-accident condition. You could enter all the complaints you detailed as evidence that the parts were not truly LKQ and it sounds like to me you would have a good chance at winning. Then you could (in Texas anyway) ask for treble damage and attorney costs under the Texas Deceptive Trade Practices Act. You might also have a claim for diminished value to your vehicle if this was NOT a claim under your policy with USAA,

And what are the chances of winning the claim versus the cost?
Just wondering.

 

[two_bit_score]

And what are the chances of winning the claim versus the cost?
Just wondering.

It depends on if it's a claim under his policy with USAA or not. Either way his SCC filing fee would be about $75- $150. Which he would get back if he won. Treble damages depending on what his expenses were. The insurance company would likely pay to avoid going to court because their $600 an hour attorney would be duty bound to advise them that a small settlement would be in their financial interest.
What is satisfaction worth?

 

[Cub 7275]

Not going to sue anyone. As for our insurance debacle, I knew better. After the repair experience at the USAA recommended shop decades ago, where I had to recheck all the work done to the car (the tech did great looking bodywork but was a careless or inept mechanic) we decided that if any of our cars ever needed anything more than minor dent repair to let the insurance company fix it however they want and then trade them in. That car eventually rusted through at the repaired spots reinforcing the plan to fix and dump. The crazy high new car prices due to Covid made us rethink it this time around. We should have stuck with the plan and simply waited for new car prices to come down before dumping the "repaired" vehicles. It is just too much of a hassle to make sure the repairs are done right and the car is really back to its before accident condition.

Just another example of me making bad decisions when I know better.

HawkinsHollow, I apologize for hijacking your thread. Hopefully everything goes more smoothly for you.

 

[ray66v]

Take it to a shop that is approved by your insurance company. I didn't do that and it was not a good experience.

This can also be a problem, because shops generally have to give discounts, and make concessions to the insurance company, to have work sent there.

Do you want a shop to be working for your best interest, or the insurance companies best interest? Because there is a clear conflict of interest there.

All insurance companies have slick marketing programs set up to convince you going to a "preferred" shop is your only option. Most of the language they use to convince you of that is deceptive. Like, ""They may want more than we're willing to pay, and you will have to pay the difference". That's not true. And, even if it is, you still could take it out of there, because, that's all settled before any repairs are done. "If you take it to "our" shop, you will get a guarantee". All major insurance companies will guarantee your repairs, if the shop doesn't fix it right, no matter who does the repair. I know, I did a lot of those do over, jobs in my career. And, any reputable shop has a lifetime guarantee, anyway.

What you really want to do, is take it to a quality shop. Ask people who they use, do some research to see how people rate them on the internet. Is the shop clean, or a pig sty? Ask to see some vehicles that are under repair, and some that are completed.

If it is a reputable shop, they will impress you with information related to repairs. like how they restore corrosion protection, and sophisticated equipment they use.

Look at their color matches. Does the new paint actually match the existing finish, in color, and texture? Or, is the front of the car one color, and the back another, with them blended together in the middle?

A good shop tries not to use aftermarket body panels. Because, no matter what anyone says, they are inferior. We often sacrificed some of our profit, to pay the difference and put OEM sheet metal on customers cars. Because, when the customers neighbors are looking at the job you did, they never know the insurance company refused to pay for an OEM fender, they just know, XYZ shop did the repair, and it's not good.

Then, take the car to the shop YOU choose, tell the insurance company that's who is repairing your vehicle, and let the shop handle it.

 

[workinonit]

LOL. Let me know how that works out for ya. I'll leave it there.

 

[HawkinsHollow]

Well they came back with a pretty good number. A tad lower than I was hoping but honestly not enough to make a stink out of it I don't think. I talked to the adjuster and she said they don't haggle with the client, we would have to hire an independant adjuster and that person would negotiate for us. I have a feeling their fee would just about eat up most of the extra money we would get. I guess we are going to go with it.

 

[two_bit_score]

I talked to the adjuster and she said they don't haggle with the client, we would have to hire an independant adjuster and that person would negotiate for us.

That is a clear violation of the “good faith and fair dealing” requirements in almost every state.

There are times when some companies should get the C§€£¥P sued out of them and one that treats customers like that deserves it double.

But she probably said it nice and sweet so that makes it ok.