# Body Shop Refuses to Fix 1995 Nissan Maxima



## Mark_42 (Aug 2, 2018)

Hello. My mother and I live in Chicago, Illinois. 

My mother drives a 1995 Nissan Maxima. A week ago, she was in a hit-and-run accident. The driver's side of her front bumper was hit by a truck. She managed to drive the car home.

Her auto insurance is from GEICO. GEICO opened a claim and arranged for the Nissan to be towed to a body shop called Gerber.

It seems that the damage is more than the value of the car. So, GEICO will simply give my mother a check for the value of the car. However, my mother does not want to lose the car. So, she wants to take GEICO's check, add her own money, and give the total amount to Gerber so that Gerber will fix her car. 

However, our GEICO adjuster told us today (8/1/18), that he was told the following by Gerber:

The Nissan's left-side frame rail (or side member), part number 7510140U30, was crushed in the impact. Gerber is unable to obtain an intact left-side frame rail to install into the car, because Nissan no longer makes parts for the 1995 Nissan Maxima. Thus, Gerber is unable to fix the car.


I did some online searching, and I found two online shops that sell this part.

I called Gerber and told Gerber about these shops, but Gerber then said that there are *other* parts that have to be replaced and that Gerber does not have. Also, Gerber said that Gerber will not buy a frame rail or any other parts from the online shops that I mentioned above. Gerber will buy parts only from Gerber's regular vendors.

It seems to me that, when I called Gerber's bluff and found some shops that will sell the frame rail, Gerber then backtracked and came up with some flimsy excuses to avoid doing the repair.


What are my mother's legal options? Is it legal for Gerber to insist that the parts used in repairing the Nissan have to be bought from Gerber's buddy vendors? Gerber appears to have some kind of partnership with GEICO, and my mother is a GEICO customer. If my mother is willing to spend extra money to fix her car, and all Gerber has to do is buy the parts from some online retailers, then can't my mother legally force Gerber to fix the car?

Please advise. Thank you.


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## quadraria10 (Jul 6, 2010)

I am not sure about all the issues involved, but I think your main dealings should be with your insurer Geico. I assume your mom has been a client of theirs for a good while. You are under no obligation to accept their first offer, or valuation of the car. You can appeal. You can also choose your own body shop. You do not have to use the one the insurer recommends. Sometimes repair facilities forget who the actual client is, and think of themselves as working for the insurance corp, and making determinations they have no business doing.
I think the biggest issue here is they want to total your vehicle and so to buy it back from the insurance company would mean you get a title that says as much. So you would have to have it repaired and re-certified before it could go on the road again. I suspect the costs to have it towed to a new facility, the buy back price from the insurance company, and any other related costs will make it too expensive relative to the money at play. I think your best bet may be to hold out for the best price you can get for the 95 Maxima, and find another that is at least 5 years younger.

By the way here is the genuine Nissan part you need-- PartSouq has it and it could be delivered to the US
https://partsouq.com/es/search/search?q=7510140U30.


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## Mark_42 (Aug 2, 2018)

I just wanted to provide an update on this situation.

The owner of a different body shop went to Gerber and examined the car. He said that his shop could fix the car, including the frame rail. He said that the cost would be $4000 (only $800 more than what GEICO would be giving us as a settlement), and that the repair would take 2 weeks. So, we told GEICO to have the car towed from Gerber to this other shop. 

The repair is in progress. However, my mother is having some second thoughts. She read some article that said that, if the frame rail is not repaired in the right way, then the car's air bags could start malfunctioning. Specifically, in an accident, the air bags could be activated too late. Or, the air bags could be activated at the drop of a hat, such as when the car stops at a stop light.

Does my mother have anything to worry about? Will the air bags malfunction if the frame rail is not fixed perfectly?

Thanks for any information.


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## quadraria10 (Jul 6, 2010)

If the bodyshop has a good reputation for professional work and is accredited for insurance work, I would not be hugely concerned. I assume it has to be done to a standard, and that they will ensure all sensors for the airbags are good and properly wired.
Anyway it sounds like everything is underway so I don't know if you can back out at this point. I gather your Mom was attached to that particular Maxima or that it was extra well maintained because a $3200 settlement is probably more than she could have sold it for before the accident.


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## Mark_42 (Aug 2, 2018)

quadraria10 said:


> If the bodyshop has a good reputation for professional work and is accredited for insurance work, I would not be hugely concerned.


How do I find out whether the shop is accredited for insurance work?


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## quadraria10 (Jul 6, 2010)

I guess you could ask them or your insurer. Or maybe you could look at their website or brochure, Better Business Bureau listing. Heck even google reviews.
What is the name of the shop and where is it?


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## Mark_42 (Aug 2, 2018)

Well, the 1995 Nissan Maxima was fixed. 

Before I left the shop with the car, I made sure that everything worked well: the engine, the air conditioning, the turn signals, and the radio. Everything was OK. 

The car has been running well over the past few days.

However, now, something strange has happened. The radio plays properly, and the sound comes through loud and clear. But the radio's display has gone dark. There is nothing on the display. I will probably start a separate thread about this issue, but does anyone here have any ideas as to what is causing the dark radio display and how to fix the problem? Is this radio issue connected to the frame-rail repair?

The shop gave me a lifetime warranty on the repairs that the shop performed (frame rail, front section of car). But, before I contact the shop about the radio screen, I want to find out for certain whether there is a connection between those repairs and the radio screen.

Thanks.


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## quadraria10 (Jul 6, 2010)

Glad to hear your Mom has her car back. Nice that you saved it.
RE the radio, it is probably the original one that is close to 23 years old, and its probably just a coincidence. I doubt the shop would have removed your front dash or it. You may want to search and see if there is an easy repair. Otherwise you should be able to find a used replacement fairly cheaply. You could also put in a new aftermarket unit with more features and bluetooth compatibility for a cell phone.

But you have nothing to lose by asking the shop. They may want to help you out, but as I say I doubt they are responsible and it would be very hard to prove it


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## James Berkhimer (Oct 3, 2018)

About the radio mine does the same thing give it a good whack and the display comes back it's an old (18 years) radio I need to replace it the ribbon cable for the display separates from the board over time it was a poor design.


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