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Writer's pictureTaylor Burnham

Can Insurance Force You to Use Used Parts?

A man fixing a car engine

When you're involved in a car accident, understanding how your own insurance company can handle repairs can significantly impact the outcome. Your insurance company must mitigate damages after a car accident, aiming to restore your vehicle while managing costs effectively.


This duty sometimes leads insurers to consider using used parts to minimize expenses, though this shouldn't compromise the repair quality or safety.


Insurance Company’s Duty to Mitigate Damages After a Car Accident


An insurance company has a legal obligation to mitigate damages following a car accident. This includes overseeing necessary repairs to restore your vehicle to its pre-accident condition. 


In some cases, insurers may opt for aftermarket parts to cut costs, but this shouldn't compromise the safety or integrity of your vehicle's repairs.


Who Does the Repair Shop Work For?


The choice of shop significantly impacts the quality of repairs your vehicle receives. A repair shop focused on your best interests will prioritize using Original Equipment Manufacturer parts and skilled workmanship, ensuring long-term reliability for both you and the shop. 


Conversely, shops reliant on insurance company referrals or insurance coverage may prioritize replacement cost savings over quality, potentially jeopardizing the thoroughness and durability of repairs.


Types of Parts Used in Repairs


A photo of a car engine

When repairing your vehicle after an accident, the choice between OEM and non-OEM parts plays a critical role in quality and reliability:


Original Equipment Manufacturer Parts 


OEM parts are manufactured or distributed by your vehicle's original manufacturer. They are brand new and precisely designed for your vehicle's make and model, ensuring optimal compatibility and performance that meets the manufacturer's rigorous specifications.


Aftermarket Parts vs. Used Parts 


Aftermarket parts serve as generic alternatives to Original Equipment Manufacturer parts, typically produced by third-party manufacturers. While they are often more cost-effective, their quality and compatibility may vary.


Used parts, sourced from salvaged vehicles or various suppliers, raise concerns regarding reliability and consistency in repairs.


Safety and Quality Concerns


Many consumers believe aftermarket parts may compromise vehicle safety and warranty coverage compared to OEM counterparts. While some aftermarket parts meet or exceed OEM standards, quality assurance varies. 


Certification and Quality Assurance 


The Certified Automotive Parts Association (CAPA) plays a crucial role in ensuring the quality of replacement automotive aftermarket parts. Parts certified by CAPA undergo rigorous testing to meet industry standards, assuring their quality and compatibility with your vehicle.


Impact of Using Used Parts on Vehicle Value 


Using aftermarket parts in repairs may lower your vehicle's fair market value compared to OEM parts, which maintain the original integrity and performance designed by the manufacturer. This consideration is crucial for your resale value or insurance assessments and vehicle warranty, post-repair.


Your Right to Request OEM Parts 


As a vehicle owner involved in an accident and under your insurance policy, you retain the right to request OEM parts for repairs. Despite the preference of most insurance companies for cost-effective alternatives to new parts, asserting your preference for OEM parts ensures your vehicle is restored with components specifically engineered for its optimal performance and safety.


This careful consideration of part selection can significantly influence the outcome of your vehicle's repair process, ensuring both safety and long-term value retention.


Your Rights and Options


Can You Demand OEM Parts for Your Damaged Vehicle?


As a vehicle owner, you have the right to request the use of OEM parts for the repair of your vehicle. OEM parts are specifically designed by your vehicle’s manufacturer to repair your vehicle to meet its original specifications, ensuring compatibility and performance.


What Are Your Options If the Insurance Company Prefers Non-OEM Parts?


If the insurance company adjuster suggests using non-OEM parts to repair it, you have several options to consider:


  • Insist on OEM Parts or Used OEM Parts: Assert your preference for OEM quality parts, or slightly used OEM parts, emphasizing their quality and compatibility advantages.

  • Explore Alternative Options: If the insurance company remains firm on using non-OEM parts due to cost considerations, you can explore alternative solutions such as using reputable aftermarket parts. These replacement parts, while not OEM, can still offer quality and performance assurance.


Navigating the Repair Process


Ensuring your vehicle is repaired correctly after a car accident involves strategic decision-making and choosing the right professionals:


Working with a Quality Repair Shop to Ensure OEM Parts are Used


Collaborating with a reputable repair shop that prioritizes customer satisfaction is crucial in safeguarding your vehicle against the use of inferior parts. Such shops are committed to using OEM parts whenever possible, ensuring your vehicle's integrity and performance are maintained.


A body shop that values accountability to its customers will ensure that all damages are thoroughly assessed and repaired at a fair price.


This commitment helps avoid shortcuts that could compromise the safety and value of your vehicle.


Can I Get My Car Repaired at a Dealership?


Opting for repairs at a dealership where your vehicle was originally purchased can ensure that OEM parts are readily available. Dealerships are often equipped with the expertise and resources needed to handle complex repairs, maintaining your vehicle's warranty and value.


How a Car Accident Law Firm Can Help?


Engaging a personal injury attorney can significantly aid in navigating the repair process and protecting your interests:


  • Protecting Your Rights to OEM Parts: A personal injury attorney can advocate for your right to OEM parts after auto accident, ensuring that your vehicle is restored to its pre-accident condition with components that meet manufacturer standards.

  • Navigating the Repair Process: Personal Injury Attorneys possess the legal expertise to navigate negotiations with your insurance company, independent manufacturers, and repair shops, ensuring that all aspects of the repair process are conducted fairly and transparently.

  • Ensuring Your Interests are Protected: By partnering with an attorney, you can mitigate the risk of receiving substandard car repairs or being pressured into accepting non-OEM parts, ultimately safeguarding your vehicle's safety and value.


Protect Your Vehicle with Quality Repairs


A photo of personal injury attorney Taylor Burnham walking

At Burnham Law Firm, we understand that the aftermath of a car accident can be overwhelming, especially when it comes to ensuring your vehicle receives the best possible repairs. Choosing to demand OEM parts is not just about preference; it's about safeguarding your safety and the value of your car.


By working with a reputable repair shop and leveraging your rights with the guidance of a car accident attorney, you can navigate the repair process confidently. Remember, your vehicle represents more than just transportation—it’s a crucial part of your daily life and often a significant investment. Whether you opt for repairs at a dealership or a trusted repair facility, prioritizing OEM parts ensures that your vehicle maintains its original quality and performance standards.


If you’ve been involved in a car accident and are navigating the repair process, don’t hesitate to reach out to Burnham Law Firm. Our experienced team is here to help protect your rights and ensure that your vehicle is repaired with OEM parts. Contact us today to schedule a free consultation, and learn more about how we can assist you during this challenging time.


Protect your vehicle. Protect your rights. Contact Burnham Law Firm today.

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