Here's the situation. Two of my Ray wheel's on Track model were scratched (perhaps slightly bent as autobody shop person claims it to be). I am getting my car back tommorow and it has new wheels from factory installed by the insuarance company.

My question is: Are the 2 wheels my property? I pay for insurance and they replaced the wheels. But shouldnt the old ones be mine too? Autobody person says he has to ship out the 2 wheels to Nissan where they will refurbish them. He said I can have the 2 wheels but only if I pay $150 for each, since thats what he has to pay Nissan if they do not get wheels back.

Here's where it gets a little more interesting. When i bought my Z, I bought this wheel/tire hazard plan from dealership which says that if my wheels/tires get busted, they will replace it. Should I take the 2 busted wheels and go to dealership and ask them to repair it?

What do you guys think?

 

the old wheels belong to the insurance company

 

I agree, that is like if the pay for your totalled car and you get to keep the car as well, not. The basically bought your wheels and gave you new ones.

 

If your car was totalled and you were cut a check, then everything on the old car belongs to the insurance company now. Its property you've been paid for. I'd buy the old wheels for 300 and be really happy. You've been paid for the four new ones that'll come on the new car. 300 bucks for the old ones is a steal.

 

I see.....

So what do you guys think of me buying the wheels for $150 each from the autobody guy and then taking it to my dealership to have them repaired. Shouldnt they honor the plan and fix it? I am paying for that plan. IS that possible? Worthwhile?

 

It sounds good as long as they can fix them and not try to fix them, also you need to take into account how much they were going to charge the shop to fix them.

 

I don't think this would be right and maybe not legal (although I'm not a lawyer - but I did sleep in a Holiday Inn Express last night). Here's why it may not be legal, IMHO.

The insurance co. (or the person who worked on your car for the insurance co.) took ownership of the wheels when they replaced the damaged ones. So, at one point, you did not own the damaged wheels. Since that point, you essentially bought damaged wheels from someone. Why should another insurance company fix some wheels just because you bought some damaged ones? Wouldn't that be like collecting on a car you totalled, going to the junkyard and buying damaged wheels from the wreck, and then asking your other insurance policy to pay for repairing them?

Just a thought.
WayneTN

 

Its probably fraudulent for the shop owner to sell you the wheels that now belong to the insurance company, unless HE buys the wheels from THEM first.

 

Hello zboy,

Everyone is right. The wheels belong to the insurance company, but whether or not they want them is another story. I doubt they are involved in the salvage or maybe the body shop guy has told them that he has included a price break for salvage value. The guy's story about Nissan sounds a little suspicious. It sounds like he is saying that he made some deal with Nissan to get the new wheels cheaper if he agreed to send the old ones back for refurbishing. If this is in fact his story, I would study the invoice carefully to compare what he says he paid for the wheels and what Nissan charges for them. It could be that he has this side deal to make more money off the old wheels, but he hasn't given the insurance company the price break.

On the wheel hazard insurance, your insurance company is entitled to what is called subrogation from the company that wrote the hazard insurance for what they are required to pay for fixing the damaged wheels. That means that your car insurance company, if they knew about this other coverage, could go to the hazard insurer and demand contribution to the repairs of the wheels on your car (maybe 50/50 or something like that). If you have no deductible on the hazard insurance, it might be worth making a claim on the old wheels, however, you certainly have a deductible that you are going to have to pay regardless on your car insurance. You don't want to make a claim for damage that has already been repaired by another insurer; it is called insurance fraud. I would forget that idea.

 

a few years back when i was involved in a minor accident, one of my rims was severely curb rashed... i went thru insurance and got it replaced, and the body shop just asked me if i wanted the wheel back as a 'momento' of how stupid i was... i mean. what is he going to use it for.

normally the insurance company pays the body shop to do work on your car... so yea. its supposed to be the insurance company's wheel but what are they going to do with it?

just ask your body shop if you can have them. if they say no, whats the big deal? you already got two new ones..

 

Guys, the shop can't sell you the wheels and profit from that. Just ask the insurance company if they want the wheels. If they don't , then you can take them. They do not belong to the body shop. If the shop gives you grief, then tell the insurance company they are giving you problems. Have the insurance company take possession of the wheels and then insurance company can give them to you. (The insurance company may keep them for "salvage" value. They can always sell it to a wheel shop and try to recoup some $$$ to reduce your claim payout.

In regards to subrogation, they can't subrogate when it was your fault per se. This was from an accident so your insurance policy applies. Just because you have other hazard insurance doesn't mean the insurance company doesn't pay. I'm sure your hazard insurance on the wheels/tires has conditions regarding primary and secondary coverage issues.

Just my 2 cents.