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We have a referral to replace a windshield on a 2014 Honda Odyssey (FW3854). The vehicle has a lane departure warning system and the referral properly states that the windshield may require re-calibration.
Here's the problem
My local Honda dealer says they will not re-calibrate a non-OEM windshield.
The TPA says they will not pay for OEM on a 2014 Honda
The TPA also says they will pay the dealer charge for the re-calibration, but only the exact amount the dealer charges, no profit to us for laying out the money and bringing the vehicle to the dealer and picking it up after the 3 hour process.
Obviously, we can't afford to do this, which puts the burden on the customer to have it done.
This opens up a whole can of worms as to liability:
1. If we install a non-OEM windshield, it will void certain manufacturer warrantees
2. If we install an OEM windshield, and the customer pays the difference to us, what responsibility do we have for the time between our installing the glass and the customer having the dealer re-calibrate it.
The situation will only get worse as more and more cars have ADAS installed
The insurer, nor the TPA, is contracting for the repairs to the car. The property owner is.
The contract of insurance is between the insurer and insured. The contract of repair is between the repairer and the property owner.
Never the two shall meet until or unless the insurer chooses its "repair" option under the policy options, and opts to repair, and contract for the repairs to the property. To anyone's knowledge, this has not happened since the 60s, according to one attorney's research. Likely it's due to the liability for the repairs the insurer would incur by involving itself in the repair contract.
Interestingly, that's exactly what you have pointed out, the liability.
The repairers primary fiduciary responsibility is to the property owner, the entity contracting for the repairs to the property or their legal representative.
Final point, there is no such thing as insurance work, it's a myth, and has been for decades, because, IMHO, the insurers figured out the liability risk isn't worth it.
Once you realize this, everything else becomes crystal clear, and simple.
One question: who is it that's putting you in this position, and also telling you what to charge, and that you must work for free on at least some of the items, and assume liability on all of them, again?
We went directly to the insurance company and they OK'd the OEM glass.
A few more details please: OK'd the OEM glass? Excellent. At what pricing? OEM list? Who goes to get the glass from the dealer to you, and to the car? Who assumes the liability, and at what profit percentage, comparable, is the ultimate question, of course.
Speak in percentages, so no one gets their panties in a bunch.
Bottom line is, if you're putting in OEM, and not making a reasonable markup, what's the point? If you are, and did so by going over the head, so to speak, of the TPA, then what is the worth of what the TPA is/has been telling you of your supposed exclusive choices, when the OEM choice was conveniently missing?
What other "no choice" parameters are missing from the list of choices?
Definitely a catch 22. If the TPA Refuses to authorize an OEM w/s and local dealers won't recalibrate a after market w/s your choices are: refuse the job, have the customer pay the difference or fight for OEM glass. Once installed you are responsible if an accident occurs before recalibration. Trusting the customer to get it done is risky but not getting paid to handle it is absurd. Add in the fact if anything happens to car during transport or while left at dealer you are responsible, makes doing this job more appealing. After you've installed the windshield you run the risk of the w/s electronics failing, the driver getting into an accident and everyone trying to blame you. All this for the measly profit margin the TPAs & insurance companies want to pay. The outlook sure is bright for AGR industry 😂😂