Cracked Windshield

[vyhanh]

Hi,

:( Due to the weather we have here in MN, the tiny tiny stone chip in summer now produced a cracked line across the base of the windshield.

The insurance said that the glass company would replace it. The glass company said that the model (91 LS400) would have a 'gray' replacement windshield. I have been trying to push them to give a Toyota/Lexus windshield but they seem to refuse it. How can I push them? Is it ok with the replacement? I notice that the original has a black line of dots all around the edge. Is it for decor or some kine of heating element?

Thanks

VH

91 LS400 (135K)

03 X5 (4K)

99 ML320 (33)

92 Prelude (55k)

91 Galant (136K)

[obergc]

Who is your insurance company? I had a similar crack in my 93 LS windshield this summer and State Farm here in Florida replaced it with a windshield from Lexus without hesitation. The reason that they went to Lexus for the windshield is that it had a bronze tint that the cheaper replacement shops that they were using didn't have it. I wouldn't let them put a windshield in that alters the appearance.

[1990LS400]

Hendrick Auto Group's (also owns the Lexus dealership) body shop in Kansas City, replaced the windshield on my 90 LS with a non-Lexus windshield (PPG?) about two years ago for a little over $200. I paid for it myself since it was worn from 12 years of driving and not broken. When they ordered the windshield they asked me about the interior color so they could match it and of course my interior color was gray so maybe I lucked out. Even though it was not from Lexus, the windshield had the "black dot" design (it is not a heating element) around the edge and looked just like the original. If you have to settle for gray at least it is a neutral color and will probably look OK.

[SW03ES]

By law they must use original equipment parts to repair your car if you so request it, but there may be a statute of limitations on the year...

[vyhanh]

Hi,

My ins. co. is Farmers. The glass company said they just did one (the owner was a Farmers agent on his own car) and he had to pay out of his own $150.00

Any help?

Thanks

VH

[1990LS400]

I am unaware of a state or federal law that ever requires the use of OEM auto parts in repairing a car. An insurance policy has the same force as a contract. Policy language usually, if not always, stipulates "like kind and quality".

While one might successfully argue to an insurance company that a aftermarket fender is not up to Lexus standards, it probably would be more difficult to argue about glass since the general quality of aftermarket auto glass is very high.

A person with a high deductible on the applicable coverage might well have to pay for the replacement of a windshield.

[SW03ES]

Its a legal precedent, somebody vs State Farm Insurance co. An insurance company must use original equipment parts when repairing a vehicle if the owner specifies it, and an insurance company may not dictate where said repairs must be completed.

Its only 4 or 5 years old, and there is a statute of limitations on how old the car can be, I just dont remember how old that is. It does include windshields though.

[lexusonthelake]

I can relate to the great MN weather :( I think if you push the issue and take it to lexus for a replacement, you might have luck.

[UCF3]

By law they must use original equipment parts to repair your car if you so request it, but there may be a statute of limitations on the year...

Sw03es:

Actually it's a Maryland Law, known as Korman's Law. Federal Regulation doesn't require it to be OEM, but it does state, if you want it should be offered, and also states nobody other than yourself can force you to use their shop--part of the durress law. There are a couple of cases presented in federal court that concluded with an OEM part is guranteed by the manufacturer, when an aftermarket is guranteed upto 90 days, officially.

All insurance companies use their own repair shops, even if it's more expensive than OEM. State Farm replaced my dad's windshield with a non-OEM part, which was guranteed by state farm. Since my dad sold his car about four years ago, the next owner won't know about it, hence the reason why future owners cannot legitimately sue the manufacturers anymore. This is the reason why CarFax was created and is supposed to be getting better.

Vyhanh:

This is what you can argue with the insurance company. You can tell them, since a non-OEM product is guranteed by them, just to remember that it does not meet Factory Specs, and in an accident if you or anyone else goes through the window or nics the window, they are 100% responsible, and thus can be sued for an inferior product installation. OEMs and auto manufacturers love this idea, because it takes them out of the loop from ever being sued by individuals.

[1990LS400]

Having worked in the insurance industry for the past 27 years and being with a company that owns a large insurance company mentioned in this forum topic, I have to say that a better source of information than this forum is your licensed insurance agent. And if you are dissatisfied with what he or other employees of your insurance company tells you, it might be best for you to consult an attorney rather than to rely on information presented in this forum.

[SW03ES]

Well I think that goes for anything that is presented in a forum like this, it should always be backed up by a reliable source before its taken as truth, all we can offer is our personal experience, which is all we've offered...

UCF- I did some research and found that also, I also found (which I thought was interesting) is they cannot repair the windshield unless it becomes invisible by Maryland law, the windshield must be replaced...