Insurance companies can specify aftermarket parts by default. But your rights to require OEM parts depend heavily on state law, your specific policy, and the safety category of the part. This guide covers exactly when you can push back — and win.
OEM vs Aftermarket vs Recycled — Quick Definitions
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OEM (Original Equipment Manufacturer)
Parts made by the automaker (Toyota parts made by Toyota) or by the same suppliers who make factory parts. Highest cost, perfect fit, warranty-preserving.
CAPA-certified Aftermarket
Third-party manufacturer parts tested by the Certified Automotive Parts Association. Meets fit and function standards. 30-50% cheaper than OEM.
Non-certified Aftermarket
Third-party parts without CAPA certification. Fit varies. Sometimes flagged as unacceptable by shops.
Recycled OEM (LKQ)
Original manufacturer parts pulled from wrecked vehicles. Perfect fit but variable condition. Cheapest option.
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Get my free quotes →What Your Policy Actually Says
Read the “Loss Settlement” section of your auto policy. Common language:
“We will pay the amount necessary to repair or replace the property with other of like kind and quality, subject to the following: (a) The parts used may be new, used, or replacement parts made by manufacturers other than the maker of the covered auto…”
This language allows aftermarket parts as the default. But there are important exceptions and rights.
When You Can Require OEM Parts
1. Manufacturer Repair Procedures Specify OEM
Every automaker publishes repair procedures. Many specify OEM for safety-critical parts:
- Bumper reinforcement bars (crush structure — safety-critical)
- Airbag mounting components
- Structural rails and pillars
- Windshields (some manufacturers require OEM for ADAS calibration)
- Sensors and radar housings
If OEM procedures specify OEM parts, the shop can’t safely use aftermarket. Cite the specific procedure to your adjuster.
2. Vehicle Under Manufacturer Warranty
Non-OEM parts installed on a vehicle under warranty can void warranty coverage on affected systems. Under 3-year, 5-year, or 10-year powertrain warranties, insurers should default to OEM (though they’ll try not to).
3. State Law Requirements
Some states have specific OEM-parts laws:
- New York: OEM parts required if vehicle is under 3 years old (Regulation 64)
- Massachusetts: Consent required from insured before non-OEM parts used
- California: Right to written notification of non-OEM parts before repair
- Illinois: Non-OEM parts must be clearly identified in estimates
- Rhode Island: Insured written consent required for non-OEM structural parts
4. Your Policy Has an OEM Rider
Many insurers offer OEM parts riders for an extra $10-25/month. If you have this rider, all repairs use OEM parts by default.
How to Actually Get OEM Parts on Your Claim
Step 1: Reference OEM Repair Procedures
Access OEM repair procedures via:
- Automaker website (Ford, GM, Toyota publish some for free)
- ALLDATA (industry standard subscription; ask your shop to print the relevant pages)
- Mitchell RepairCenter (used by most shops)
Find the specific procedure for your damaged component. Note if OEM is required or recommended.
Step 2: Cite the Procedure in Writing
Dear [Adjuster],
I received the estimate for repair of my [vehicle year/make/model, VIN]. I note that aftermarket parts are specified for the front bumper reinforcement bar.
Per [Automaker] repair procedure [section/number], safety-critical structural components including the front bumper reinforcement are specified as OEM-required. Aftermarket alternatives may not meet the manufacturer’s crash performance criteria.
I request that the estimate be revised to specify OEM parts for this component. Attached is the referenced repair procedure documentation.
Step 3: Escalate If Denied
- Request the insurer’s written justification for the aftermarket specification
- File a State Department of Insurance complaint if they refuse to comply with OEM procedures
- Ask the body shop to refuse to install non-OEM parts on safety-critical components (many shops will, citing liability)
- Small claims court for the difference in parts cost if you have to pay OOP
Step 4: Get Written Confirmation of Aftermarket Use
If the insurer insists on aftermarket and you accept it, get written confirmation:
- Which specific parts are aftermarket vs OEM
- The insurer’s guarantee that aftermarket parts will not void your manufacturer warranty
- The insurer’s guarantee of aftermarket part fit and function
- Written recognition that this may reduce your vehicle’s resale value
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Safety-Critical Parts Where You Should NEVER Accept Aftermarket
- Bumper reinforcement bars (crush zone)
- Airbag mounting brackets
- Seat belt anchor points
- Structural rails, pillars, and unibody components
- Any ADAS-mounted component (radar, camera housings)
- Windshields on vehicles with ADAS (calibration issues)
Parts Where Aftermarket Is Usually Acceptable
- Bumper covers (cosmetic)
- Fender panels (bolt-on cosmetic)
- Headlight assemblies (as long as they include OEM ADAS compatibility)
- Grilles (purely cosmetic)
- Trim pieces
- Side mirrors (without electronics)
How to Add an OEM Rider to Your Policy
If you drive a vehicle worth more than $20,000, consider adding an OEM rider:
- Cost: $10-25/month typical
- Coverage: All parts on covered claims are OEM
- Insurers offering: Amica, Chubb, USAA, Erie (varies by state)
- Best for: Newer vehicles, luxury cars, EVs
Frequently Asked Questions
Can insurance require aftermarket parts on my repair?
Default yes, but exceptions include: OEM-required repair procedures, safety-critical components, state OEM laws (NY, MA, CA, IL, RI), and OEM riders on your policy.
What if the shop refuses to use aftermarket parts?
Many shops refuse aftermarket on safety-critical parts due to liability. In this case, the insurer must either agree to OEM or you can choose a different shop that will use aftermarket (rarely a good idea for structural work).
Do aftermarket parts void my manufacturer warranty?
Not automatically. Under the Magnuson-Moss Warranty Act, aftermarket parts can only void warranty if the manufacturer proves the specific aftermarket part caused a failure. In practice, non-OEM structural parts often lead to warranty disputes.
How much cheaper are aftermarket parts?
CAPA-certified aftermarket: 30-50% cheaper than OEM. Non-certified aftermarket: 40-70% cheaper. Recycled OEM (LKQ): 50-70% cheaper. Insurance companies save 15-25% on total claim costs when they can specify aftermarket.