Help! Crashed my Camry & Fighting with Insurance Company over SE vs Aftermarket strut

[ScrooYoo]

This is a bit of a long story so bear with me, 'cause I really need your help! I'll get to the crash in a moment.

I have an 03 LE. After about 150 000km I replaced all four of my OEM struts with KYB GR-2's. The KYB's had a very harsh ride and I would get very frequent flat tires even though my alignments and balancing was perfect.

Basically I hated the KYBs and they caused a lot of problems for me so finally, after only about 30 000km on the KYB's I decided to replace the KYBs and got a used set of 4 Toyota OEM SE struts. They were perfect and I was extremely happy with them.

A little over a month ago I was going straight through a green light on an intersection and some kid made a left turn into my path. The driver's side of my camry was smashed, and the insurance companies ruled that it was his fault.

The kid's insurance company took good care of me so far, gave me a 2009 Altima for a loaner and agreed to pay me $100/day for downtime since I use my car for my business.

Once the body of the car was rebuilt, the repair shop sent the camry in for a wheel alignment but it wouldn't align properly. They determined that the impact had damaged the driver's side strut, and that I would need a new strut. Here's where things get sticky.

The insurance company authorized the repair shop to replace the driver's side strut with an aftermarket one. And guess which one they ordered: KYB!

I called the repair shop and told them that I don't want a KYB strut, I want an OEM SE strut to match the other three on the car.

The insurance company replied by saying that they only authorize OEM parts if the car is less than 4 years old, and since my camry is 6 years old they can only authorize aftermarket parts.

I really don't want three beautiful OEM SE struts on my car with a fourth KYB to ruin it for me & give me flat tires, especially since I paid a lot of money to buy and install the OEM SE struts not that long ago.

Basically what I need for help is some kind of evidence/strong argument to give to the insurance company that the KYB and Toyota SE struts are not the same strut, and that it is not safe/acceptable to use a different strut & that all struts have to be matching.

I know the SE struts have a different firmness (and height?) than the LE/XLE. Is there some kind of argument I can make to them that the car won't be safe or won't drive properly unless they use an OEM SE?

Sorry for the long rant & thanks in advance for any advice!

[Punks_Not_Dead5]

You could always just use the money out of your pocket..go to a junk yard and find an SE strut cheap.

what did you do with your KYB's?

[ScrooYoo]

Originally Posted by Punks_Not_Dead5

You could always just use the money out of your pocket..go to a junk yard and find an SE strut cheap.

what did you do with your KYB's?

the kyb's are sitting in my shed.

I shouldn't have to use money out of my own pocket, that's the whole point. The accident was not my fault, and its the insurance companies' responsibility to restore the vehicle to its pre-accident condition. It's pre-accident condition was with 4 pefectly good OEM SE struts, not 3 OEMs and 1 KYB.

[Punks_Not_Dead5]

I agree, they should...the OEM strut can't be that much more/less than the KYB.

I'd say you can have my SE struts, for your KYB's but i really don't have the money to do the swap or the alignment after.

[Darter]

I'm guessing that the ins co is looking at a 150,000km car and assigning a value to a 150,000km strut. If you can provide paperwork that shows the recently installed SE struts, you may be able to convince them otherwise.

Another option is to ask the shop to source a used SE strut for you. Not sure about Canada, but body shops here in the States will seek out used parts with your approval. You may be able to get the used SE strut for the same price as what the ins is offering for a new KYB.

[Redline_Me]

I didn't even read the rest of the original post, because as soon as you said you have an LE, you lost. The insurance companies pay for what the car came with from the factory, they don't care what you have done to the car. You have to try and get the money from the person that hit you.

[Punks_Not_Dead5]

^ you better read the rest of the story then.

[rickdogg]

This situation really depends on your insurance policy. I've had Allstate and State Farm and they both replaced my parts with aftermarket (more expensive) since I was able to produce receipts. It's not true that insurance companies will only replace what is supposed to come on the car from the factory.

However, this case is really odd. I would just harp on the fact that having a 4th shock that has different characteristics from your 3 other SE shocks is just a hazard in itself. I'm pretty sure the shocks have different valving etc. I doubt that the insurance company would want a lawsuit pursued against them if you end up crashing or something because of the difference in suspension settings.

[GT-R]

SE has KYBs right?! Maybe Gen 5 is different. I know mine does.

And they're not harsh at all, don't know what you're talking about, maybe you got fake KYBs..?

[Punks_Not_Dead5]

His Camry is a taxi so he drives it all day everyday...and i believe he is in the Toronto area and the roads are crap....

[ScrooYoo]

Originally Posted by Redline_Me

I didn't even read the rest of the original post, because as soon as you said you have an LE, you lost. The insurance companies pay for what the car came with from the factory, they don't care what you have done to the car. You have to try and get the money from the person that hit you.

Wrong.

My car also has Gen 5.5 black SE Headlights, a Gen 5.5 SE Bumper, and gen 5.5 SE OEM Fog lights. They replaced all those parts without any fuss even though the VIN # says car is gen 5 Le.

I've read some basic laws about insurance claims and word for word they say "Vehicle is to be restored to its pre-accident condition"

Even if I broke my RS grille or dented my custom rims they would have to replace everything exactly as it was before the accident.

[ScrooYoo]

Originally Posted by GT-R

SE has KYBs right?! Maybe Gen 5 is different. I know mine does.

And they're not harsh at all, don't know what you're talking about, maybe you got fake KYBs..?

No, the Gen 5 SE has MacPherson struts not KYB.

I assume your experience is with Gen 6. Maybe the KYBs for Gen 6 are better, but with 17" wheels on the Gen 5 they are very harsh, way stiffer than stock.

[ScrooYoo]

Originally Posted by Punks_Not_Dead5

His Camry is a taxi so he drives it all day everyday...and i believe he is in the Toronto area and the roads are crap....

Actually, I'm in Halifax, Nova Scotia where the roads are probably some of the worst in North America!! The main city streets are bumpier than dirt roads in 3rd world countries. If you've ever driven there you'll know what I'm talking about.

I don't really drive it all day everyday since I'm a full time Master's student @ Dalhousie University, but nevertheless the customers don't really appreciate a harsh ride.

[GT-R]

Ah.. I see, the Gen 5 SE has MacPherson struts. Yea mine is Gen 6 SE.

[ScrooYoo]

Originally Posted by rickdogg

This situation really depends on your insurance policy. I've had Allstate and State Farm and they both replaced my parts with aftermarket (more expensive) since I was able to produce receipts. It's not true that insurance companies will only replace what is supposed to come on the car from the factory.

However, this case is really odd. I would just harp on the fact that having a 4th shock that has different characteristics from your 3 other SE shocks is just a hazard in itself. I'm pretty sure the shocks have different valving etc. I doubt that the insurance company would want a lawsuit pursued against them if you end up crashing or something because of the difference in suspension settings.

Thanks, this is kind of what I'm looking for. Things like "different characteristics" and "different valving etc." I'll give that a try when I talk to them next.