State Law requires that the use of aftermarket parts must be identified on the repair invoice. Regulations in California state that non-OEM (aftermarket) replacement parts are only permitted if the insurer can guarantee that the parts are equal in kind, quality, safety, fit and performance.

Can you refuse aftermarket parts?

You have the right to request your insurance company use original equipment manufactured parts rather than aftermarket parts to repair your vehicle. If the insurance company deems these costs unreasonable, however, it might deny your claim. Your insurance company could be engaging in bad faith settlement practices.

Can you argue a total loss?

Appeal the total loss If you’re unhappy with your auto insurance company’s payout, they usually have a process for appeals. This is a best first step under most circumstances, and insurers tend to be open to appeals. They don’t want to go to court over a disputed claim amount any more than you do.

Is it OK to buy OEM products?

Buying OEM hardware or products is perfectly safe and legal, but you need to be aware of the risks. You can usually save a decent amount of money with OEM products, but you might find yourself entirely without support if you run into an issue.

Can a car insurance company force you to use aftermarket parts?

Getting OEM Parts for Your Damaged Vehicle. You have the right to request your insurance company use original equipment manufactured parts rather than aftermarket parts to repair your vehicle. If the insurance company deems these costs unreasonable, however, it might deny your claim.

What should I do if my insurance refuses to pay for car parts?

If you must use the parts that the insurance company insists on, you should try to get a written warranty on these parts. You could hire an experienced car accident attorney who is experienced in handling the property damage portion of your claim and have him negotiate your settlement for you.

Can a car repair shop use a non OEM part in Indiana?

They are Arkansas, Indiana, Kansas, Rhode Island and West Virginia. In Indiana, for instance, an insurance company cannot direct an auto repair shop to use a non-OEM part without the consent of the car owner for five years past the model year of the automobile. In Rhode Island, the consent period is 30 months.

What’s the consent period for car repair in Rhode Island?

In Rhode Island, the consent period is 30 months. With state regulations spotty, car insurance companies have broad discretion in deciding whether OEM, generic or recycled parts are used in a particular car repair. Whatever restores the car to its “pre-loss condition” is usually the operative term.