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Jul. 27, 2007
My car was hit by another driver who was completely at fault. His insurance company finally agreed to repair my car, but they insist on using only recycled parts. Do I have the right to demand original equipment manufacturer parts since it's the rear bumper being replaced, which I think is a critical crash part?
Ben, North Carolina
In North Carolina, state law does not require the insurance company to get your permission before using non-original equipment manufacturer (non-OEM) parts to repair your vehicle, including salvaged or "recycled" parts. The insurer must disclose to you its use of non-OEM parts, and the repair-cost estimate must identify which parts are non-OEM. In addition, non-OEM parts must be "of like kind and quality" to OEM parts.
You can insist on having OEM parts on your repaired vehicle, but you will be required to pay for the difference in cost.
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