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What are the rules governing the use of aftermarket parts on an automobile that has been in an accident?


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Question: What are the rules governing the use of aftermarket parts on an automobile that has been in an accident? How can I get my insurance to use original parts on the repair of my 2001 Honda Civic EX? They want to use aftermarket parts.

Answer: Most state laws allow insurance companies to use aftermarket parts instead of factory or original equipment manufacturer (OEM) parts.   Typically, there are guidelines, put in place by the state, about the parts insurance companies  can use for claim repairs.

For instance, in Florida while OEM parts don't not necessarily have to be used but any non-factory parts used have to be, by law, of like kind and quality.  The aftermarket parts must also have the same fit and performance as the parts being replaced.

In New Jersey, the insurance company is only obligated to restore the vehicle to the same condition it was in before the loss (accident). Sometimes this might require the use of OEM parts and sometimes aftermarket parts can be used. In New Jersey, and Illinois as well, you do not have to accept non-OEM parts but if the insurer wants to use them and you want the more expensive OEM parts, you must pay the difference in cost.

You will need to contact your state's Department of Motor Vehicles (DMV) or insurance regulator to find out what the state laws or statutes are regarding original factory parts and aftermarket parts. If your state allows for aftermarket parts, you will likely have to pay the difference between those parts and OEM parts if that is what you really want used on the repair of your Honda Civic Ex.



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