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rated:
I m involved in auto accident.  I've state farm as my insurance and the other party has nation wide insurance. It's his fault. Liability has been established by state farm. Until after the accident I came to know that state farm uses recycle parts which means parts from another vehicle which was previously involved in an accident but some part of the car is not demage. State farm says it's in the policy to use recycle parts.
My car is 2010 toyota camry with 68000 miles in excellent condition. 
 I asked state farm if I want to use OEM parts. They gave me several option.
1. Go directly with nation wide insurance and insist on using OEM. If they refuse
2. Pay out of pocket difference between recycle parts and OEM and try to collect difference from other party.
.  My question is what If the other party refuses to pay can I take him to small claims court? We both are from california. 
.   Please advice and help me if anyone has experienced similar situation.
 Thanks in advance .

 

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rated:
State farm = focking scumbags.

Go talk to Nationwide and DEMAND OEM. Yell, bitch, scream, and moan for them to use OEM.

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I recently went to an autobody shop affiliated with my local car dealer. They billed the insurance company for the cost of recycled but used new parts. The difference in parts prices was about $50 on a repair where labor/paint was about $900. Check with the Body Shop as they are ultimately the ones fixing it.

rated:
Find a Body Shop that advocates for your right to use OEM parts (e.g., not one in network with your insurance company). I've used one in my area that basically gives insurance companies one chance to provide quality aftermarket parts. They say that 90% of the time, the aftermarket parts are incorrect, damaged, or obviously defective. Sure, they could spend them time to try to find better quality parts, but if your goal is OEM parts anyway, it's a relatively easy way to make the insurance pay for them.

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The parts on your car with 68,000 miles that were damaged are used parts. The parts they are going to get are probably ones that don't wear out. And they are most likely OEM since they came from another car. If the car looks and works like the accident never happened, why do you think you need brand new parts to replace your used ones?

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drobins9 said:   The parts on your car with 68,000 miles that were damaged are used parts. The parts they are going to get are probably ones that don't wear out. And they are most likely OEM since they came from another car. If the car looks and works like the accident never happened, why do you think you need brand new parts to replace your used ones?
  Safety and fitment concerns. 

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alamo11 said:     Safety and fitment concerns. 
 

  Anything specific?  Junkyard sheet metal will generally be OEM and it should be pretty obvious if it's been bent.

You can always tell them up front you'll be bringing a magnet and a fine-tooth comb to pick the car up and if you find any panels that don't fit on-the-money or any bondo in a replaced panel they'll be doing it again.  Be prepared to do it.  Let them decide it will be cheaper to do what you want, and if they don't and there's a problem, hold them to it.

rated:
Interesting

http://www.insurance.ca.gov/0250-insurers/0500-legal-info/0500-g...

As there is seemingly no way to meet this, with used parts:
ca.gov said: Use of Non-Original Equipment Manufacture Replacement Crash Parts. CCR Section 2695.8(g)(1) provides that no insurer...
Go...
 

rated:
That section's not even pertinent to used parts. That's about aftermarket parts (Certifit, etc.), and the article even says their quality varies and they may be worse, equivalent, or even better than the OEM components.

Still waiting for a concrete example that makes used or aftermarket parts inferior to what was on the car already that wouldn't be apparent on close inspection. On functional parts, I would understand (though carefully-selected aftermarket parts can be better there too), but for collision repair parts, what can be wrong with them should be pretty obvious.

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Some non-OEM parts are made on the same line. Some OEM parts (especially on economy cars) are junk.

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drobins9 said:   The parts on your car with 68,000 miles that were damaged are used parts. The parts they are going to get are probably ones that don't wear out. And they are most likely OEM since they came from another car. If the car looks and works like the accident never happened, why do you think you need brand new parts to replace your used ones?
  
Point taken. But how does OP know that the car from which the parts are taken did not run a million miles. If it did, how is that OP's car has been replaced to how it was the moment before the accident happened? Would the insurance company give a line item list of each part and the miles it had before the part was pulled out?

rated:
I've had state farm for about 30 years and had a handful of claims over the years.  I don't ever recall having used or non-OEM parts used in a repair.  I know for certain that the two claims I've had in the last five years - one for a new fender that somebody backed into and another for significant front and rear damage - were all new OEM parts.

Having said that - on a 6 year old car with 68,000 miles, who cares?

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dcwilbur said:   Having said that - on a 6 year old car with 68,000 miles, who cares?
 

  or as we call it on FWF...a new car!

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Veeekay said:   Point taken. But how does OP know that the car from which the parts are taken did not run a million miles. If it did, how is that OP's car has been replaced to how it was the moment before the accident happened? Would the insurance company give a line item list of each part and the miles it had before the part was pulled out?

Because we all know the fenders fall off at 150k...

If they were using used suspension, steering, or other mechanical parts without documentation you'd have a point, but sheet metal doesn't wear out as a function of mileage. Sheet metal just rusts, as a function of age and not having road salt washed off it. If that happens prematurely, it will be under warranty.

I had the occasion to cab-swap my last truck after it was hit by an uninsured red-light runner. Mine seemed subjectively in decent condition with minor dents and scrapes. The donor wasn't even a good 100-footer. Guess which one had pinholes rusted in the floor of the cab...

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