In Missouri insurance companies can request that used parts be used to fix a car after an accident. Insurance companies do not have to put new parts on a used vehicle. A company only has to return the vehicle to its condition before the damage.

The MO Department of Insurance states that Missouri regulation 20 CSR 100-1.050(2)(D)2 allows companies to use aftermarket parts when completing an estimate for repairs on your damaged vehicle.

A company is not obligated to put new factory parts on damaged vehicles. After-market parts are typically defined as “parts not manufactured by the original equipment manufacturer that replace non-mechanical sheet metal parts or plastic parts that constitute part of the exterior of a motor vehicle, including, but not limited to, an inner or outer panel."

In accordance with the Missouri regulation, all after-market parts installed on the vehicle must be clearly identified on the repair estimate. Used parts, as well as after-market parts, are acceptable in the repair of vehicles if certain criteria are met.

The MO regulation notes that parts used in the repair of your vehicle by other than the original manufacturer are required to be at least equal in like, kind and quality in terms of fit, quality and performance to the original manufacturer parts they are replacing.

Normally if you do not want used parts on your vehicle you can discuss this with the insurance company and pay the difference between the parts they are willingly to pay for and the OEM parts that you want to be used on your vehicle.

The MO DOI also notes that an insurance company can tell you were to have your repair work done as long as they are willing to guarantee the work. The insurance company is obligated to pay for repairs “in an amount for which it may be reasonably expected the damages can be satisfactorily repaired.”

It is common for insurance companies to review estimates submitted for repairs. However, you are the only one that can authorize repairs to your vehicle. Therefore, you can take your car to a body shop of your choosing, but if the insurance company has a lower estimate from another body shop, then the lower amount is all the insurance company is obligated to pay.

According to Missouri regulation 20 CSR 100-1.050 (2)(F), when the insurer elects to repair and designates a specific repair shop for automobile repairs, the insurer shall restore the vehicle to its condition prior to the loss at no additional cost to the claimant, other than as stated in the policy and within a reasonable period time.

You always have the option to go to the repair shop of your choice, but you will be responsible for the additional costs. Your insurance company may only be obligated to pay for the lowest estimate.

While after an insurance claim you should be made whole this only means that your car is back to the condition it was before the accident with the truck. If you were given new parts then this would be considered betterment normally, meaning that your car was in better shape due to now having new parts instead of the used parts that were previously on the vehicle.

The MO Department of Insurance speaks about betterment in their consumer guide on auto claims where they note that if the insurance company determines some replacement items are better than the ones damaged, they may apply betterment.

Betterment as we already said is an improvement that increases the value of property and is more extensive than mere repairs. You would be responsible for those charges. For example, if the tires are damaged or the battery or mechanical parts must be replaced, the company may replace new for old. The betterment would depend on the age of the older item being replaced.

For more of Missouri laws and regulations regarding your situation and rights regarding auto insurance claims in general contact the Missouri insurance regulator, the Department of Insurance.