State Farmclaims department refuses to reopen claim from defective/faulty item replaced

December of 2015 My Nissan Murano car needed a transfer case replacement after a accident. To cut the story short, the claims department of State farm approved the claim. very unfamiliar with the process they said we can choose any shop to bring the car. We choose the Nissan Dealer because we want a genuine part to be replaced in. Estimates were done and the car was repaired. They offered some modifications such as a switch that will over ride AWD when engaged unneededly but state farm declined as well as we did. We felt that as long as we drive the car properly and does not use the AWD unnecessarily then the switch is unneeded and will not cause the transfer case to bad, the mechanic conformed. April 2016, 4 months after, my car malfunctioned and broke down suddenly driving home and I had a bad feeling it is the same part since the sound I hear during the breakdown was the same. Facts: After the repair I never engaged my AWD anymore and just drove ~ 3000 miles after repair. I called the dealer and said I am going to tow the car back, the part should have a warranty and that time they said it have. After 2 weeks, phone calls done back and forth from the insurance and dealer, I got different answers on who should be responsible for the costs of replacement. The dealer stated that state farm decided and dictated where to buy the part for replacement, which was LKQ company which when we looked it up in the internet take parts from high mileage cars and refurbished or sells them used parts with high mileage on them, then when I called my Insurance agent she said state farm never dictates where to buy the parts " they just pay the settled payment and bring the car to its working form prior to the accident".The dealer have been insisting that state farm have dictated where they should buy the part, it was used/defective and it was not a nissan original part. In our estimate papers, it stated "NEW", but unknowingly a refurbished part was placed in my car during the repair. The part was being covered by the warranty but not the labor, the dealer recommended to have my insurance involved since they were the one who ordered a defective part from the start. I called multiple times, one time they tired to call me and my husband initially but did not leave a VM, called back the same day ( May 21, 2016) the girl I've talked to, didn't knew what was going on so she said " I will have to review the papers again and I will call you back", never heard from here probably because it was 30 mins to there closing time. May 22, 2016 I called our Insurance agent trying to explain again that I feel the claim should be re opened because looking at the situation the part was defective from the start disregarding the " switch" modification, this is another case. I also explained that state farm is 100 % denying the claim of my dealer that state farm totally was in charge in where to buy the parts. Our agent recommended to go back to the dealer, have a phone conference with us present, the dealer shop and the claims department. May 26, 2016 we went to the Nissan dealer in Downers Grove, IL, called our agent and she connected us to the claims department. The The service manager, the service specialist who was in charged of our vehicle from the beginning, me and my husband was present in the conference call. The manager explained in detail to the claims department about all the facts in the documents regarding the past repair, he can't really say that if the switch modification was put in then the transfer case should not have broken but the main issue remains that if in the start a genuine nissan part which was declined was installed the 1st time we are secured about the standard and will have a labor warranty.He stated the my transfer case item was badly broken after 4 months because it was not the recommended part installed. We strongly provided the claims department that the fault should not lie on the consumer but either to the insurance ( who dictated what item and where to buy) or the company where the item was purchased. The other end agreed but ( as usual) he can't make the decision and will have get his manager involved and in 1 hour we will be notified what will be the outcome. Mind you I had 2 days off ( with no pay) to have this call( May 25 where my agent had a day off so we cant have the call and may 26) and then tell us, "I have to review the case with my manager". At the end, state farm did not approve because in there statement to us they allegedly claim that because " we declined " the switch modification the item should not have been broken. They did not acknowledged that the refurbished item that state farm bought to replace mine was defective from the start. they won't even go to that subject. The switch is another issue here and they found a loop hole where they can BLAME THE CUSTOMER TO AVOID PAYING WHAT THEY HAVE CAUSED FROM THE START. In the end, my husband called this At the end, state farm did not approve because in there statement to us they allegedly claim that because " we declined " the switch modification the item should not have been broken. They did not acknowledged that the refurbished item that state farm bought to replace mine was defective from the start. they won't even go to that subject. The switch is another issue here and they found a loop hole where they can BLAME THE CUSTOMER TO AVOID PAYING WHAT THEY HAVE CAUSED FROM THE START. In the end, my husband called this State farm manager VALERIE MAJKOVICZ to just give her our thoughts despite we know her decision will be never be reversed. She demonstrated lack of empathy and obviously her work is to make sure state farm does not loose money at all cause despite having the truth in consumer side. We know we can never win against this big insurance companies, but agents themselves should advocate for the truth and stand by their promise about " CUSTOMER SATISFACTION". ( State farm sent us a copy of a Non original equipment and recycled parts promise letter that states **** we'll sell the parts repaired or REPLACED to your satisfaction -at no cost to you***).

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