§ 27-10.2-3 - Standards for use of aftermarket parts.
SECTION 27-10.2-3
§ 27-10.2-3 Standards for use ofaftermarket parts. – Whenever aftermarket parts are used for repairs to physically damaged motorvehicles, the following standards shall apply:
(1) The aftermarket parts shall be at least equal in kind andquality to the OEM parts in terms of fit, quality and performance;
(2) To the extent practical, an insurance company shall notrequire the use of multiple aftermarket parts distributors to provide parts fora single repair;
(3) Insurers specifying the use of aftermarket parts shallmake allowances for the reasonable cost of any modifications to the aftermarketparts which may become necessary when making the repair, and for the cost offitting, removing, and/or handling aftermarket parts which do not result in thevehicle being repaired to its condition prior to the loss;
(4) If the aftermarket part specified by the insurer does notresult in the vehicle being repaired to its condition prior to the loss, theinsurer shall then specify the use of an OEM part;
(5) The automobile body shop shall promptly notify theappraiser if the aftermarket part specified by the insurer does not result inthe vehicle being repaired to its condition prior to the loss and permit theappraiser to reinspect the vehicle and make appropriate supplementalauthorizations, if necessary;
(6) The automobile body shop shall provide documentation ofaftermarket parts, which do not meet the requirements of this section, asreasonably requested by the insurer. The insurer shall be permitted to exerciseany available rights of recovery against the aftermarket parts distributor.