Motor vehicle repairs, aftermarket crash part, defined
When a car gets fixed using crash parts not made by the original car maker, the repair shop or insurance company has to tell the car owner. The parts themselves must have the maker's name or logo on them. The written repair estimate must clearly list those parts, and it must include a notice explaining that the parts come from a different company than the one that made the car, and that the warranty on those parts comes from the parts maker, not the car maker.
407.295. Motor vehicle repairs, , defined — requirements — disclosure to owner — penalties. — 1. As used in this section, the following terms mean:
(1) "Aftermarket crash part", a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;
(2) "", an insurance company and any person to represent the insurer with respect to a ;
(3) "Nonoriginal equipment (Non-OEM) aftermarket crash part", aftermarket crash parts not made for or by the manufacturer of the motor vehicle.
2. Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in this state after January 1, 1990, shall have or inscribed thereon the logo or name of its manufacturer. Such manufacturer's logo or name shall be visible after installation whenever .
3. No insurer shall specify directly or indirectly the use of non-OEM aftermarket crash parts in the repair of an 's motor vehicle without disclosing the intended use of such parts. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:
(1) The written estimate shall clearly identify each such part; and
(2) A disclosure document containing the following in ten-point or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of one or more crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the parts manufacturer or rather than by the manufacturer of your vehicle."
4. Any violation of this section shall be an as the term is used in sections 407.010 to 407.130, and shall be subject to the of sections 407.010 to 407.130.
5. This section shall become effective January 1, 1990.
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Source & history notes
(L. 1989 H.B. 726 § 1) Effective 1-01-90
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