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OEM, aftermarket and used parts in your repair estimate
Your estimate may list aftermarket, recycled or reconditioned parts. What the labels mean, what states require, and how to ask for factory parts.
In most states you do not have an automatic right to factory parts on a repair your insurer pays for. The typical policy promises parts of "like kind and quality," regulators require non-factory parts to be at least equal to the originals, and many states require the estimate to say when a part is not from the vehicle maker. You can still ask for original equipment parts, and the usual outcomes are that the insurer agrees, you pay the price gap, an endorsement you bought earlier covers it, or a state rule for newer cars decides it.
What the labels on an estimate mean
Estimating systems and shops use a handful of labels. Industry usage varies slightly from one shop and one system to the next, so treat the table as a guide and ask the estimator what a given code means on yours.
| Label on the estimate | What it usually means | Where the part comes from |
|---|---|---|
| OEM (original equipment manufacturer) | A new part made by or for the vehicle manufacturer and sold through its channels | The carmaker's parts network |
| OE-equivalent or OE-supplier | A new part from the same supplier that makes the original, sold under its own label | An original-equipment supplier |
| Aftermarket (A/M) | A new part made by a company other than the carmaker, to fit the model | Independent manufacturers |
| Certified aftermarket | Aftermarket part tested and marked by a third-party program | CAPA- or NSF-certified makers |
| Recycled or used (often "LKQ" in the trade) | A genuine factory part taken from another vehicle | Salvage yards |
| Reconditioned or remanufactured | A used original part repaired or refinished, such as a straightened wheel or a rebuilt bumper cover | Specialist rebuilders |
One trap: "LKQ" in an estimate usually means "like kind and quality," which is the insurance-contract phrase. It is also the name of a large parts company. Context tells you which.
Why the policy language is the starting point
Most auto policies promise to pay for the cost to repair or replace damaged property with other property of like kind and quality, or to pay the actual cash value, whichever is less. That wording came up in the leading modern court fight over aftermarket parts. In Avery v. State Farm Mutual Automobile Insurance Co., the Illinois Supreme Court, in an opinion filed August 18, 2005, rejected the argument that "like kind and quality" means OEM parts, holding that in the policies at issue it meant sufficient to restore the vehicle to its pre-loss condition, and it reversed the certification of a nationwide contract class and the contract verdict (Illinois Supreme Court, Avery v. State Farm). That case concerned particular State Farm policy language and Illinois law. It does not mean aftermarket parts are always acceptable, and it does not bind courts elsewhere. It does show why "I want OEM" is not, by itself, a claim your policy answers in your favor.
The Texas Department of Insurance describes the same default in plain terms: insurers must pay for parts of like kind and quality to the damaged parts, and they do not have to pay for original manufacturer parts (TDI).
What regulators require
The NAIC model
The NAIC's Unfair Property/Casualty Claims Settlement Practices Model Regulation, which many states have adopted in some form, has a section on replacement crash parts. It defines "replacement crash part" as sheet metal or plastic parts that generally make up the exterior of a vehicle, including inner and outer panels. It requires those parts to carry permanent, non-removable identification of their manufacturer, and it says no insurer shall require them unless they are "at least equal in kind and quality to the original part in terms of fit, quality and performance." Insurers specifying them must consider the cost of any modifications that become necessary. The model also says no insurer shall require the insured to supply parts for replacement (NAIC Model Regulation 902, Section 8(J) and Section 8(I)(3)). The drafting note says the section builds on the NAIC's 1987 aftermarket parts model regulation.
States that add disclosure or consent
Beyond the model, states take different approaches. These examples are verified against official or primary text, but they are examples, not a survey, and statutes get amended:
- California. An insurer may not require non-OEM crash parts unless they are at least equal to OEM parts in kind, quality, safety, fit and performance. The insurer must warrant that and disclose it in writing in any estimate, and it must pay for necessary modifications (10 CCR 2695.8(g)). The California Department of Insurance adds that shops must identify on the invoice whether each part is used, rebuilt, aftermarket or OEM (California Department of Insurance).
- Florida. When non-OEM aftermarket crash parts are used in an estimate, the insurer, the repair shop or both must identify each such part on the written estimate, with a disclosure in type no smaller than 10 point stating that the estimate is based on parts supplied by a source other than the vehicle manufacturer and that the parts are warranted by their manufacturer or distributor, not the carmaker (Fla. Stat. 501.33).
- Illinois. The statute at 215 ILCS 5/155.29 requires a written estimate that clearly identifies each non-OEM aftermarket crash part, with a disclosure that warranties on those parts come from the parts maker or distributor, and requires that the customer be advised in writing before a shop uses them. Check the Illinois General Assembly's current text, since commercial law sites can lag.
- Rhode Island. Under R.I. Gen. Laws 27-10.2-2, on cars less than 48 months old an insurer may not require aftermarket parts without the owner's written consent, and between 48 and 72 months it cannot refuse OEM parts if the owner consents, as amended effective October 1, 2024.
Other states rely on the claims-practice regulation alone. The state-by-state differences are why the safest first move is to read your estimate for the disclosure and then call your state insurance department. The state car insurance requirements lookup tool covers coverage minimums, but the department is the place for repair-parts rules.
Are non-OEM parts safe?
The honest answer is "it depends on the part," and it depends on who tested it.
The Insurance Institute for Highway Safety separates parts by function. Cosmetic parts such as fenders, door skins, bumper covers and trim do not protect occupants, and IIHS research found they do not change crash-test results. Structural parts form the crush zone and safety cage, and replacements, OEM or not, must replicate the originals exactly. IIHS says some non-OEM structural parts can do that. In February 2018 it reported that two Honda Fits fitted with non-OEM parts performed on par with an unmodified one in its moderate-overlap test, the results of which a law firm had commissioned (IIHS Advisory No. 42, February 2018). That is one model, one test and one year.
Two certification programs exist for aftermarket collision parts. The Certified Automotive Parts Association, founded in 1987, runs a testing program and marks passing parts with a yellow-and-blue seal; it says parts without the seal are not CAPA certified (CAPA). NSF International launched its automotive parts certification program in February 2010, comparing aftermarket parts with original equipment parts on dimensions and materials (CollisionWeek, February 2010). Both are voluntary, and each describes itself; a part with no seal has not been through either program. The practical use of a seal is that it gives you something specific to ask for.
Where caution is strongest
- Parts around sensors. Bumper covers, grilles and brackets that hold radar or cameras can affect how driver-assistance features work. See driver-assistance sensors and the cost of repairs.
- Airbags, seat belts and structural parts. These have their own repair rules; see airbag and seat belt replacement after a crash: costs and rules and counterfeit airbags and parts in collision repairs.
- Headlights and glass. Fit and optics matter, and an ill-fitting lamp is a visible, correctable defect.
- Newer, leased and EV models. Aftermarket body parts are often scarce, and a lessor may inspect for non-OEM parts at turn-in.
On recycled and reconditioned parts specifically, recycled, reconditioned and certified parts in insurance repairs goes through what to ask.
The warranty myth
A common fear is that non-OEM parts void the factory warranty. The Federal Trade Commission says the warranty stays in effect if you use aftermarket or recycled parts, and that the manufacturer or dealer must prove the part caused the damage before denying coverage for it; if a defective or badly installed part damages a covered part, the maker can deny coverage for that damaged part (FTC). The warranty on the replacement part itself, however, comes from the parts maker or distributor, not the carmaker, which is why Florida and Illinois require the disclosure.
How to ask for OEM parts
- Read each line. Note which parts are marked aftermarket, recycled or reconditioned, and what the OEM price would be.
- Ask why. The adjuster may be following a rule, a shop program or a price check. Ask whether the aftermarket parts on your estimate are certified.
- Check your policy and declarations page for an OEM parts endorsement. Liberty Mutual, for example, has described an Original Parts Replacement option for cars up to 10 years old with comprehensive and collision coverage (checked October 2026). Availability varies by insurer and state.
- Check your state's rule on newer cars and disclosure.
- Ask for the price gap in writing. Have the shop write the OEM price for each part you want.
- Decide which lines matter. You can ask for OEM on the bumper cover and headlamp while accepting an aftermarket fender.
- Put it in writing. Send the adjuster a short email naming the parts and the reason, whether fit, sensors, lease terms or warranty.
- If you cannot agree on value, your policy may have an appraisal clause; see the appraisal clause: settling a dispute over value.
A worked example: paying part of the gap
These numbers are hypothetical.
Say the estimate lists four parts, and the shop quotes OEM prices for each.
| Part | Listed on estimate | Estimate price | OEM price | Gap |
|---|---|---|---|---|
| Front bumper cover | Aftermarket | $240 | $410 | $170 |
| Fender | Certified aftermarket | $190 | $335 | $145 |
| Hood | Recycled factory part | $325 | $640 | $315 |
| Headlamp assembly | Aftermarket | $210 | $560 | $350 |
| Total | $965 | $1,945 | $980 |
If you want everything new from the carmaker, the gap is $980. But you might decide that fit matters on the bumper cover, which sits over a radar bracket, and on the headlamp, and that a certified fender and a recycled hood are fine. Then the gap is $170 plus $350, or $520. If your policy has an OEM endorsement, the insurer pays the $980 and you pay only your deductible. If your state's rule for newer cars applies, the insurer may owe OEM on some or all lines. Ask the shop whether an ill-fitting aftermarket part would also add labor to adjust it; the NAIC model and California's rule both say the cost of necessary modifications is the insurer's to consider or pay.
Betterment is a separate issue. If a new part replaces a worn one and the policy allows it, the insurer may subtract a betterment charge, which is not a disagreement about part type. The betterment glossary entry and when the shop charges more than your insurer will pay explain the difference.
When someone else's insurer is paying
If another driver caused the crash and you claim against their liability coverage, your own OEM endorsement does not bind that insurer. The standard is generally to restore your car to its condition before the loss, and a liability insurer may also use non-OEM parts if they meet the same regulatory rules. If the OEM gap matters to you, you can file under your own collision coverage, pay the deductible and let your insurer recover from the other company. See first-party vs third-party claims for the trade-offs, including how deductibles are recovered.
Direct repair programs and parts
Shops in an insurer's direct repair program often agree to use the insurer's parts guidelines in exchange for referrals and faster approvals. That does not strip you of your rights: you can still ask for OEM parts, and the insurer or shop will explain the cost. Programs often add a repair guarantee. See who stands behind a collision repair: shop or insurer guarantee and choosing a repair shop: direct repair programs and your rights. Having a shop write its own estimate before you accept the insurer's can also reveal what parts were assumed; see photo estimates and virtual appraisals: how accurate are they?.
What to say to the adjuster
Here is a script written for this article.
"My estimate lists an aftermarket bumper cover and headlamp. My car has front-facing sensors and is [two] years old. Please tell me whether these parts are certified, who warrants them, and what the OEM price is. If my policy or state law gives me the right to OEM parts on this vehicle, please cite it. If not, I'd like to pay the difference for those two parts. Please send the revised estimate in writing."
Common questions
Can I refuse aftermarket parts?
You can ask, and you can decline the repair route the insurer suggests. Whether the insurer must pay for OEM parts depends on your policy, any endorsement and your state's rule. If neither helps, paying the difference is the usual compromise. Also ask the shop for its written opinion on fit before the work starts.
Will the insurer pay for OEM if the aftermarket part does not fit?
Parts that do not fit are a quality problem, not a preference. Ask the shop to document the problem with photos and notes. Regulations such as the NAIC model and California's rule tie non-OEM use to the part being equal in fit, quality and performance. California's rule goes further: if the insurer learns a non-OEM part does not comply, it must stop requiring it, and in the affected repair it must pay to remove and replace it. Other states handle this differently, so ask your insurance department.
Are recycled parts the same as aftermarket parts?
No. A recycled part is a genuine factory part taken from another vehicle, with age and wear that vary. An aftermarket part is new but made by someone other than the carmaker. Each has different tradeoffs; neither is automatically better.
Will asking for OEM parts delay the repair?
It can. A factory part may be back-ordered or take longer to ship than an aftermarket one. Ask the shop for the expected arrival date before you decide, and see repair delays, parts shortages and running out of rental coverage if the wait threatens your rental coverage.
Key takeaways
- Most policies promise parts of "like kind and quality," not factory parts, and courts such as the Illinois Supreme Court in Avery have read that phrase as restoring pre-loss condition.
- Regulators require non-OEM parts to be at least equal in fit, quality and performance, and states such as California, Florida and Illinois require disclosure on the estimate.
- Rhode Island is an example of a state with extra protection for newer cars; check your own state's rule.
- Cosmetic aftermarket parts are viewed differently from structural and sensor-related parts; ask about certification and warranty.
- To get OEM parts, check for an endorsement or state rule, then pay the gap on the lines that matter to you.