Imitation Parts -- Auto Insurance Litigation
Imitation parts are replacement body
parts that are manufactured by someone other than the manufacturer of
your vehicle. They are generally referred to as "imitation" body
parts. They are of inferior quality and pose a potential hazard for
future occupants of your repaired vehicle. Imitation body parts are
typically manufactured in Taiwan and are cheaper than the Original
Equipment Manufacturers' (OEM) parts. Many independent studies have
documented that imitation body parts are inferior to the original
parts. The uniformly inferior characteristics of imitation body parts
include: substandard fit, finish and appearance; substandard
structural integrity and mechanical operation; and substandard
corrosion resistance. For all these reasons, the use of imitation body
parts may substantially diminish the value of the vehicle at resale.
For the findings of one study of how non-OEM parts can decrease the
value of your vehicle,
click here . Imitation body parts are
typically not covered by factory transferable warranties. The use of
such parts may also void manufacturers' warranties on adjacent parts
and systems.
The use of imitation body parts
can seriously compromise the safety of the vehicle. The parts made by
the original equipment manufacturer are designed to meet certain
quality, safety and appearance specifications that are often not met
on imitation parts.
With the advent of the "unibody"
car design, imitation parts can compromise vehicle safety more than
ever. Car bodies used to be built on frames, but now the body itself
replaces the frame. This design, called "unibody," creates a strong
occupant compartment known as the safety cage. The front and rear of
the car is the "crush zone,” which is designed to absorb crash energy
in a controlled manner so the occupant compartment is not damaged.
Imitation parts that do not meet the exacting standards of the
manufacturers' parts may alter the safety features of the unibody
design and compromise safety in a subsequent accident.
Various auto insurance companies
will only pay for imitation parts or will only write an estimate based
upon the use of imitation parts thereby reducing the amount of the
total estimate and the quality of the repairs. The company’s use of
imitation parts is a violation of its obligation to pay the cost of
repairing a damaged vehicle to its pre-loss condition. The effect of
the auto insurance company’s practices is that the cost of repairing
its policy owners’ vehicles is routinely understated and therefore
does not return a damaged vehicle to its pre-loss condition and may
compromise safety.
The following is a listing of the
cases in which Parry Deering
Futscher & Sparks, P.S.C.,
is currently involved representing the plaintiff or the
class.
-
Lebrilla v. Farmers Group, Inc.
d/b/a Farmers Underwriters Association, et al.
State of California,
Orange County Superior Court, Case No. 00CC07185
-
Lundy v. Farmers Group Inc. d/b/a
Farmers Underwriters Association, et al.
State of Illinois,
Dupage County, 18th Judicial Circuit, Case No. 99 CH 288
-
Moore v. Allstate Insurance Company
State of Illinois,
Cook County Circuit Court, Case No. 99 CH 3215
-
Smith v. American Family Mutual
Insurance Company
State of Missouri,
Jackson County Circuit Court, Case No. 00CV 211554
If you have questions regarding these or other
actions in which Parry Deering Futscher & Sparks, P.S.C., is involved
please
contact us. |
