Motor Vehicle Replacement Parts - - CA Business And Professions

Section § 9875

This section defines key terms used in the chapter related to motor vehicle crash parts. An 'Insurer' is an insurance company or a representative handling a claim. An 'Aftermarket crash part' is a replacement part for the non-mechanical exterior of a vehicle. A 'Non-OEM aftermarket crash part' is a replacement part not made by the vehicle's original manufacturer.

As used in this chapter, the following definitions shall apply:

(a) “Insurer” includes an insurance company and any person authorized to represent the insurer with respect to a claim.

(b) “Aftermarket crash part” means 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.

(c) “Nonoriginal equipment manufacturer (Non-OEM) aftermarket crash part” means aftermarket crash parts not made for or by the manufacturer of the motor vehicle.

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(Added by Stats. 1989, Ch. 817, Sec. 2.)

Section § 9875.1

This section states that insurance companies can't make you use aftermarket crash parts (not made by your car's original maker) for repairs unless they tell you in writing beforehand. The written estimate must name the non-original parts maker or distributor. Plus, they must include a separate document explaining that any warranties on these parts come from their makers, not your car's original manufacturer.

No insurer shall require the use of nonoriginal equipment manufacturer aftermarket crash parts in the repair of an insured’s motor vehicle, unless the consumer is advised in a written estimate of the use of nonoriginal equipment manufacturer aftermarket crash parts before repairs are made. In all instances where nonoriginal equipment manufacturer aftermarket crash parts are intended for use by an insurer:

(a) The written estimate shall clearly identify each such part with the name of its nonoriginal equipment manufacturer or distributor.

(b) A disclosure document containing the following information in 10-point type or larger type shall 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. Any warranties applicable to these replacement parts are provided by the manufacturer or distributor of the parts, rather than by the original manufacturer of your vehicle.”

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(Added by Stats. 1989, Ch. 817, Sec. 2.)

Section § 9875.2

If someone breaks the rules in this chapter, they will face the punishments listed in a section of the Insurance Code called Section 790.06.

Any violation of this chapter shall be enforced by the penalties provided in Section 790.06 of the Insurance Code.

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(Added by Stats. 1989, Ch. 817, Sec. 2.)