Auto Insurance Forum

We were recently in an accident that was not our fault. Do we have to accept non-original equipment manufacturer (non-OEM) parts instead of OEM parts?

Kristy, Texas

Dear Kristy,

Texas law says that you have the right to select the kind of parts used in repairs to your vehicle. However, an insurance company is not required to pay more than a "reasonable" amount for such repairs and parts.

Of course, the term "reasonable" is a bit murky. Lee Jones, a spokesperson for the Texas Department of Insurance, says that if your vehicle is older — if it is past the warranty period for example — an insurance company may argue that it is not reasonable for you to receive new parts for your repair.

However, Jones says there are some circumstances in which people with older vehicles can receive OEM parts on their repairs, and then pay the cost difference between the OEM and non-OEM parts out of their own pocket.

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