TITLE 41

INSURANCE

CHAPTER 13

TRADE PRACTICES AND FRAUDS

41-1328D.  Use of parts — Disclosure. It shall be an unfair claim settlement practice for an insurer to specify the use of nonoriginal equipment manufacturer aftermarket crash parts in the repair of an insured’s motor vehicle, or for a repair facility or installer to use non-OEM aftermarket crash parts to repair a vehicle, if the consumer has not been advised in writing. 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 intended for use, and

(2)  A disclosure document containing the following information in ten (10) 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 crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle.".

History:

[41-1328D, added 1990, ch. 156, sec. 1, p. 342.]