Yes, you can request that new or OEM parts be used to repair you car however normally you will be responsible for the difference in cost.
According to the California Department of Insurance an auto repair may include replacement of damaged parts with after-market parts. After-market parts are not made by the original manufacturer. They may be equal, better, or worse in quality than original equipment manufacturer parts.
California insurance regulations place specific requirements on insurance companies when recommending that a consumer have the damaged vehicle repaired using after-market parts. These requirements are contained in section 2695.8(g) of the California Fair Claims Settlement Practices Regulations:
(g) No insurer shall require the use of non-original equipment manufacture replacement crash parts in the repair of an automobile unless:
- the parts are at least equal to the original equipment manufacturer parts in terms of kind, quality, safety, fit, and performance;
- insurers specifying the use of non-original equipment manufacturer replacement crash parts shall pay the cost of any modifications to the parts which may become necessary to effect the repair; and
- insurers specifying the use of non-original equipment manufacture replacement crash parts warrant that such parts are of like kind, quality, safety, fit, and performance as original equipment manufacturer replacement crash parts; and,
- all original and non-original manufacture replacement crash parts, manufactured after the effective date of this subchapter, when supplied by repair shops shall carry sufficient permanent, non-removable identification so as to identify the manufacturer. Such identification shall be accessible to the greatest extent possible after installation.
(h) No insurer shall require an insured or claimant to supply parts for replacement.
An auto repair shop is required to provide a written repair estimate of the cost of repairs prior to initiating repairs to the vehicle. Once the work is completed, the shop must then provide a written repair invoice. State law requires that the type of auto parts used in repairs must be identified on the repair invoice.
The CA DOI suggest that consumers should carefully check their invoices to ensure that the auto body shop has identified each auto part replaced as being used, reconditioned, rebuilt, an original equipment manufacturer part, or an after-market part. If the repair estimate or invoice does not identify the type of part used, a consumer may wish to contact the Bureau of Automotive Repair.
Complaints that fall under the jurisdiction of the Bureau of Automotive Repair include a repair shop’s failure to identify the part used as being reconditioned, rebuilt, an original equipment manufacturer part, or an after-market part.
Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to this CA Bureau at 800-952-5210, a division of the California Department of Consumer Affairs.
Complaints involving insurance companies should be directed to the California Department of Insurance. Complaints that are within the jurisdiction of the CA Insurance Commissioner include an insurance company requiring the use of after-market parts that are not at least equal to the original equipment manufacturer parts in terms of kind, quality, safety, fit, and performance.
Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at 800-927-4357 or 213-879-8921.
In California insurance companies are required under the Fair Claims Settlement Practices Regulations to warrant that replacement parts are of like kind, quality, safety, fit, and performance as that of original equipment manufacturer (OEM) replacement crash parts if OEM parts are not used.
If even with this warranty you only want OEM parts used to repair your car you should discuss this with the insurance company involved in the claim and the repair shop to see the difference in cost and find out what you would be responsible to pay for.
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