Chapter 20.1 - Motor Vehicle Replacement Parts - California Business and Professions Code

Sections (3)

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

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.

§ 9875.1

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

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.”

§ 9875.2

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

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