Can Insurers Use Used Parts for My Car Repair in California?

Question from JT, Can Insurers Use Used Parts for My Car Repair in California?

Answer from AI:

What California Law Says about Used Parts

California law requires that a vehicle be repaired so that it is as safe and functional as it was before the accident. The California Department of Insurance (CDI) has issued guidelines stating that an insurer may use used or aftermarket parts only if those parts are:

• Of like kind and quality to the original equipment manufacturer (OEM) part.
• In good condition and free of damage that would affect performance or safety.
• Comparable to the original part in terms of fit, function, and durability.

These standards are reflected in the CDI’s “Used Parts Guidelines” and in California Insurance Code § 10131.5, which obligates insurers to disclose when a used part will be installed and to give the insured an opportunity to object.

How Insurers Typically Handle Fender Repairs

When the at‑fault driver admits liability, their insurer will usually:

1. Send an adjuster to assess the damage and estimate repair costs.
2. Propose a repair plan, which may include a used fender if the insurer determines that a used part meets the “like kind and quality” test and would lower the claim cost.
3. Provide you with a written notice if a used part is to be used, per the CDI’s disclosure requirement.

If the insurer’s proposal includes a used fender, you have the right to reject that part and request a new OEM fender. The insurer can then:

• Approve the new part and pay the full claim amount, or
• Offer to pay the difference between the cost of a new part and the used part, leaving you responsible for the extra amount.

Your Options as the Vehicle Owner

• Review your own insurance policy (if you have collision coverage) to see whether it contains a “new parts” endorsement. Some policies automatically require new OEM parts for covered repairs.
• Ask the at‑fault insurer for a written estimate that specifies whether a used or new fender will be installed.
• State your preference in writing. If you want a new fender, the insurer must either agree to use it or explain the cost difference.
• Consider a second opinion from an independent auto body shop. If the shop says a used fender would not meet safety or quality standards, you can use that assessment in discussions with the insurer.
• Know your right to dispute. If the insurer refuses a reasonable request for a new part, you can file a complaint with the CDI or seek legal counsel.

When Professional Advice Is Needed

While the guidelines above are general, each claim can involve unique facts—such as the specific condition of the used fender, the presence of a “new parts” endorsement, or the insurer’s internal policies. If you encounter resistance from the insurer or are unsure about the adequacy of a used part, consult a licensed attorney or a consumer‑rights specialist who can review the details of your case and advise on the best course of action.

Helpful Resources

• California Department of Insurance – Used Parts Guidelines (see the CDI website for the latest version).
• California Insurance Code § 10131.5 – Disclosure requirements for used parts.

These sources provide the statutory framework that governs whether an insurer may install a used fender on your 2014 vehicle. If you have further questions about how the law applies to your specific situation, a qualified legal professional can give you personalized guidance.