The Car and Truck Fleet and Leasing Management Magazine

Washington State Considering Non-OEM Parts Consent Legislation

February 2, 2004

The state of Washington House Committee on Finance and Insurance is considering a bill requiring consumer consent for the use of non-OEM replacement crash parts.House Bill 2133 states that insurance companies can not require the use of non-OEM parts in a repair of a vehicle less than five years old or still under the manufacturer's warranty. Non-OEM parts may be used with the owners consent in writing at the time of loss.The cut off date for this bill to get out of committee is February 6.The related text of the bill is as follows:“No insurance company may require the use of non-original equipment manufacturer crash parts in the repair of a motor vehicle for a period of five years running from the year the motor vehicle was manufactured or while the vehicle is under the manufacturer's warranty unless the motor vehicle owner consents in writing at the time of the repair. If the motor vehicle owner consents to the use of non-original equipment manufacturer parts, the insurer must specify on the repair estimate which parts are non-original equipment manufacturer crash parts and must include with the estimate a disclosure document containing the following information in no smaller than twelve-point type:“This estimate is based upon the use of non-original equipment manufacturer crash parts that were manufacturered neither by the original manufacturer of the motor vehicle, nor by a manufacturer authorized by the original manufacturer of the vehicle to use its name or trademark. The use of a non-original equipment manufacturer crash part invalidates any remaining warranty of the original part it replaces. The only warranties, if any, covering non-original equipment manufacturer crash parts are those that may be made by the manufacturer or distributor of those parts. I understand that my vehicle will be repaired using non-original equipment manufacturer crash parts as specified in the repair estimate, and i authorize the repair facility to install those specified parts.”
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