In New York your rights regarding the use of original equipment manufacturer (OEM) parts is talked about in what is referred to as Regulation 64 of the NYS Insurance Laws. As this NYS law shows an insurance company, in its estimate can require the use of non-original equipment manufacturer (non-OEM) replacement parts however there are a certain standard which any aftermarket parts must stand up to in order to be used.

When a car insurance provider uses no-OEM parts in its estimate there are certain guidelines that must be followed such as the non-OEM crash parts must have a warranty at least as long and as extensive as that given by the original equipment manufacturer and the parts must equal or exceed the original equipment in terms of fit, finish and performance. Also the insurance company shall specify only crash parts that have been certified by an organization approved by the Insurance Department.

The New York Compilation of Codes, Rules and Regulations (known as either N.Y. Comp. Codes R. & Regs or NYCRR) Title 11, Chapter 9, Part 216.7 specifically discusses OEM parts when being used by an auto insurance company for the repair of a vehicle.

First the term "Non-original equipment manufacturer or non-OEM" is defined in NYCRR 216.7(a)(8) as follows- … means a manufacturer or distributor (including any entity supplying the required warranty other than a manufacturer), that produces or markets, under its own name, crash parts for use in motor vehicles that it does not manufacture or distribute.

The part of the NYCRR that lists more information about non-OEM parts that can be used is 216.7(b)(5) provides that there are seven requirements that must be met when the insurer’s repair estimate is based upon the use of any non-original equipment manufacturer’s crash part. These requirements are contained in the subparagraphs which provide as follows:

(i) the estimate shall specify the non-OEM or non-OEM supplier;

(ii) the insurer shall not, without the consent of the insured or the insured’s designated representative, specify non-OEM crash parts from more than three different suppliers for any one repair;

(iii) the crash part shall equal or exceed the comparable OEM crash part in terms of fit, form, finish, quality and performance.

(iv) the crash part must be warranted by the non-OEM at least to the extent and duration as the comparable OEM crash part;

(v) the insurer shall specify only certified crash parts, in regard to any part that has been certified by a qualified certifying entity acceptable to the superintendent;

(vi) if the crash part has not been certified by a qualified certifying entity acceptable to the superintendent, the non-OEM must issue a written warranty, for at least the period of the insured’s ownership of the vehicle, that the crash part equals or exceeds the comparable OEM crash part in terms of fit, form, finish, quality and performance; and

(vii) the insurer shall cause the damaged vehicle to be restored to its preloss condition consistent with the non-OEM warranty, at no additional cost to the insured and within a reasonable time, if the non-OEM fails to honor its warranty required in subparagraph (iv) or (vi) of this paragraph.

Since you were in a single car accident it would be your own Collision coverage that would be used for the damage claim and thus you should read through the provisions and terms of your auto insurance policy. It may state there when OEM or non-OEM parts are used.

Typically if the insurer wants to use non-OEM parts and the policyholder wants OEM parts then the insured can get the OEM parts if he or she pays the difference. So if your insurance company wants to use non-OEM parts, and is allowed to according to the terms of your policy, and you wanted strictly OEM parts used then you would pay the difference between the parts that insurance will cover and the parts you want used. Speak to your adjuster about this to see what your insurance company normally does.

If you have more questions about the insurance laws of New York or have concerns about the parts your insurer is using to repair your vehicle contact the New York Insurance Department.