"Like Kind and Quality" aka LKQ

[gra8fuldd]

I have a 1995 840ci that I'm the original owner of. While the car was at The BMW dealership they had an accident with the car and cruched the passenger door. To make a very long story somewhat shorter ... The insurance company wants to replace the door with what they refer to as ... LKQ = Like Kind & Quality!

The LKQ really translate to a used door from who knows where and has been through who knows what!!!

Has anyone ever heard of this before?

Apparently ... this used door also requires some body work ... meaning it also has a dent that needs to be fixed. The used door also came from a White 840 ... Mine is Arctic Silver.

The difference in dollars is about $1,000 for the used parts and labor and a new door is about $2,500 when it's all said and done.


Any advice (all you lawyers out there should chime in) on which and what I should demand??

The body shop told me that most of the time a New door skin from the factory requirres body work? I wonder??!!

[Javier at Pelican Parts]

Check your policy. if it says they can use these kind of parts well then they can, but if it says new only then use new. If it happened at the dealer and their policy is paying then insisit on NEW, WHAT i BELEIVE IS HAPPENING IS THE DEALER IS NOT CLAIMING IT AND IS GOING TO COST IT OUT OF THEIR SLUSH FUND AND IS TRYING TO UNDERCUT THE COST I WORKED FOR THE BMW DEALER FOR 15 YEARS THIS IS HOW ITS DONE. BUT YOU CAN STAND YOUR GROUND. THE CUSTOMER IS ALWAYS RIGHT.

[gra8fuldd]

Javier:

I ojly wish to G-d you were right ... Or better yet ... In charge at this dealership. They have (They being the BMW dealership) washed themsleves of any responsiblity. Although they agree that I gave them my car for servicing ... they say that since they engaged a body shop to install the warranty covered Sunroof ... that the Body Shop is the responsible party.

I said to the dealership ... I really do care WHO you contracted with ... I gave my car to you and they said ... TOO BAD!! SUE US!!

I called the Body Shop and They said that the Towing Company was responsible. So I called the towing company and it turns out that this towing company does NOT have insurance!!

Javier ... You say ... Another case of the customer is always right!!! I say ... This is a case of the Customer is getting screwed!!

I have been advised that unless I have DEEP pockets to sue the dealership ... I should just have MY insurance company repair the car and just take my lumps. My insurance policy ... like EVERY automobile policy states that the insurnace company may use "Like Kind and Quality Parts" so long as the parts atre not inferior of quality and workmanship.

How would you respond to that one?

[brianhinfl]

If you contracted the BMW dealer to provide service, they are responsible for your vehicle. They made the choice to subcontract the work, and unless you signed an agreement with this subcontractor, the dealer is still responsible for your vehicle and the work provided.

[gra8fuldd]

Brian:

Thank you for the response.

I signed nothing with anyone other than the BMW Dealership.

The only piece of paper that anyone has is the original service order contract that specifies what work should be done.

Like the Service Manager at the dealership said to me ... "Your gong to have to sue us in order for us to be responsible"

I understand in talking to a few friends (underlings at the dealership) that the main reason that the dealership does not turn this matter over to its insurance company is because they have a $25.K deductible in their policy.

Any other thoughts on what course of action I should take or who I should talk to?

I called BMWNA customer service and and told them of the incident and they told me that it was a dealer problem and they could NOT get involved.

I spoke to the State of California Automotive Bureau and filed a complaint and it went nowhere!! They called the dealership and ask them if they would like to participate in a sort of arbitration and the dealership said NO!! The State called me and said that since the dealership will not cooperate there is nothingthat they can do for me. The Case with the State is Closed until further developments arise!

What a WASTE of tax payers money.

I await a good person response.

[brianhinfl]

I'm FAR from qualified to give legal advice, but I'd contact your insurance company. If the dealer is responsible, they will go after them for the money. You pay for premiums for situations just like this. The dealer might be a little more concerned about being sued by a large insurance than you.

You should not have this claim charged against you as your insurance company will recover the costs.

[gra8fuldd]

I did contact my insurance company and they said that they would pay for the repair BUT ... it's my own insurance compay that wants to replace parts ... especially the passenger door with a used door that needs body work. NOW ... my 840ci prior to this accident was just short of pristine condition ... certianly it was a 9 out of 10. I just can't understand HOW anyone could think that a used door with a dent in it from a White color 8-series is the same as a door that has never even seen a parking lot ding and that is Arctic Silver. Can you explain that to me?

That is why I originally asked what is "Like Kind and Quality?" My insurance company says it is of like kind and quality.

[brianhinfl]

Sorry, lost track of who said what...

Tell them you don't want Like Kind, the one you have is damaged. You want an undamaged one.

I'd push for new part. Your company should back you up on this if you push. Remember, they aren't going to take a loss on this, the dealership will.

When I recently had someone break my Euro CSI mirror of my 850, I was able to get new replacement from factory via insurance.

Also, when my Land Rover was hit a few years ago, all I had to do was tell the insurance company, "No, I want new oem parts" and that's what I got.

[gra8fuldd]

That is exactly what I did tell my insursance company and they that ALL policies say that they have a choice ... when appropriate ... that they can use Like Kind and Quality. that is what seems to be the problem.

I was told by the body shop that the difference in cost between a used door and a new is $1500.00 = The difference.
The cost of each is roughly $1,000 vs $2,500.00.

What does that phrase "Like Kind and Quality" mean?

[Javier at Pelican Parts]

gra8fuldd, call me 1-888-280-7799 ex 239