Aftermarket vs. OEM Parts in NC Accident Repairs
NC law requires insurers to disclose aftermarket parts in your repair. Learn the difference between OEM, aftermarket, and salvage parts and your rights.
The Bottom Line
NC law requires insurers to disclose in writing when aftermarket parts will be used in your repair, and those parts must be of "like kind and quality" compared to the originals. You can request OEM parts, but the insurer may only pay the aftermarket price -- leaving you to cover the difference. Understanding the types of parts, their quality implications, and your policy options puts you in control of how your car gets repaired.
Understanding the Three Types of Replacement Parts
When your car is being repaired after an accident, the parts used to fix it generally fall into three categories. The differences matter more than most people realize.
OEM (Original Equipment Manufacturer) Parts
OEM parts are made by or for the vehicle manufacturer -- the same company that built your car. A Toyota OEM fender is the exact same part that was installed on the assembly line. These parts are designed and tested to the manufacturer's specifications for fit, finish, and crash performance.
Advantages:
- Guaranteed fit -- designed specifically for your vehicle
- Manufactured to the automaker's quality and safety standards
- Typically come with a manufacturer warranty
- Maintain the vehicle's original crash performance characteristics
- Preserve the vehicle's value
Disadvantages:
- More expensive than aftermarket alternatives, often 25% to 75% more
- May need to be ordered from a dealer, which can add time
Aftermarket Parts
Aftermarket parts are manufactured by companies other than the vehicle maker. They are designed to fit and function like the OEM part but are produced independently. The quality ranges enormously -- from parts that are virtually identical to OEM to parts that fit poorly, corrode quickly, or fail prematurely.
Advantages:
- Less expensive than OEM, often by 25% to 50%
- Widely available and often in stock locally
- Some aftermarket manufacturers produce excellent quality parts
- More options -- multiple manufacturers compete on price and quality
Disadvantages:
- No guarantee of equivalent fit, finish, or performance
- Not tested by the vehicle manufacturer for crash safety
- Quality varies dramatically between manufacturers
- May corrode faster due to different materials or coatings
- Gaps, misalignment, and color-match issues are common complaints
Used / Salvage / Recycled Parts
These are OEM parts removed from salvage vehicles. They are genuine manufacturer parts, but they have been in use on another vehicle and may have wear, corrosion, or hidden damage.
Advantages:
- Genuine OEM parts at a fraction of the cost
- Exact fit since they were made by the manufacturer
- Can be a good option for older vehicles where new OEM parts are expensive or unavailable
Disadvantages:
- Condition varies -- the part may have existing damage, rust, or wear
- No manufacturer warranty
- The part's history is often unknown
- Structural parts from salvage vehicles may have been stressed in the original crash
NC Law on Aftermarket Parts
North Carolina has a specific statute addressing the use of aftermarket parts in insurance-paid repairs.
N.C. Gen. Stat. 58-36-95
Requires insurers to disclose when non-OEM (aftermarket) replacement parts are specified in an estimate or used in a repair, and mandates that such parts be of like kind and quality to the original parts.
The Disclosure Requirement
Under this statute, the insurer or repair facility must provide you with written notice when aftermarket parts will be used. The repair estimate or work order must clearly identify which parts are aftermarket rather than OEM.
This is not optional. The disclosure must happen before the work is performed. You should be able to look at your repair estimate and see exactly which parts are OEM and which are aftermarket. If the estimate does not distinguish between part types, ask for clarification before you authorize the repair.
The "Like Kind and Quality" Standard
NC law requires that aftermarket parts used in insurance-paid repairs be of "like kind and quality" compared to the original parts. This means the aftermarket part should be functionally equivalent to the OEM part it replaces -- similar fit, similar finish, similar performance.
The problem is that "like kind and quality" is subjective. An insurer may consider a $45 aftermarket fender to be equivalent to a $120 OEM fender, while your body shop -- the one actually installing the part -- knows from experience that the aftermarket version does not fit properly, has poor paint adhesion, or lacks proper corrosion protection.
Safety Concerns With Aftermarket Parts
This is where the discussion gets serious. For cosmetic and non-structural parts -- a mirror housing, a taillight lens, a door handle -- aftermarket quality issues are mostly about aesthetics and convenience. An aftermarket mirror that does not fit perfectly is annoying but not dangerous.
For structural and safety-critical parts, the stakes are much higher.
Parts That Affect Crash Performance
Modern vehicles are engineered with specific crumple zones, energy absorption paths, and structural reinforcements designed to protect occupants in a crash. When these components are replaced with aftermarket parts that have not been tested by the vehicle manufacturer, there is a legitimate question about whether the vehicle will perform the same way in a subsequent collision.
Components where this concern is most significant include:
- Bumper reinforcements -- the structural bar behind the bumper cover that absorbs impact energy
- Fenders -- on unibody vehicles, fenders contribute to structural integrity
- Hoods -- designed to deform in specific ways during pedestrian impacts and frontal collisions
- Radiator supports -- part of the front structural assembly
- Quarter panels and structural pillars -- critical to the vehicle's crash cage
- Airbag-related mounting components -- must be exactly right for airbags to deploy properly
Multiple studies and consumer advocacy groups have raised concerns about aftermarket structural parts. The concern is not theoretical -- crash tests have shown that aftermarket bumper reinforcements and other structural parts can perform differently from OEM parts, potentially affecting occupant protection.
Your Right to Request OEM Parts
You can request that OEM parts be used in your repair. However, the insurer's obligation depends on several factors.
The General Rule
In most cases, the insurer is only required to pay for parts that meet the "like kind and quality" standard. If an aftermarket part meets that standard, the insurer can approve the aftermarket price. If you want OEM parts instead, you may need to pay the difference between the aftermarket and OEM price out of pocket.
This is the reality for most NC drivers: you can get OEM parts, but you may have to absorb part of the cost.
When the Insurer Must Use OEM Parts
There are situations where the insurer should pay for OEM parts:
- Manufacturer warranty. If your vehicle is still under the manufacturer's warranty and using aftermarket parts would void or jeopardize that warranty, you have a strong argument for OEM parts at the insurer's expense. Automakers can void warranty coverage on components affected by non-OEM parts.
- OEM parts endorsement. If your insurance policy includes an OEM parts endorsement (see below), the insurer is contractually obligated to pay for original manufacturer parts.
- No aftermarket equivalent exists. For some components, especially on newer or less common vehicles, there is no aftermarket alternative available. The insurer must use OEM in these cases.
- The aftermarket part fails the like kind and quality standard. If your shop can demonstrate that the aftermarket part does not fit properly, is made of inferior materials, or otherwise fails to match the quality of the original, the insurer should approve the OEM alternative.
OEM Parts Endorsement: A Policy Add-On Worth Knowing About
Some NC insurance companies offer an OEM parts endorsement -- an optional rider you can add to your policy that guarantees the use of original manufacturer parts when your vehicle is repaired.
How It Works
With this endorsement on your policy, the insurer pays for OEM parts as part of your covered repair. You do not have to negotiate, pay the difference, or justify why you want original parts. The endorsement makes it automatic.
What It Costs
The additional premium for an OEM parts endorsement is typically modest -- often $20 to $50 per year depending on your vehicle, insurer, and coverage level. For the peace of mind of knowing your car will be repaired with manufacturer parts, many drivers consider this a worthwhile investment.
Who Should Consider It
An OEM parts endorsement makes the most sense if:
- You drive a newer vehicle (under 5 years old)
- You drive a luxury or high-end vehicle where parts quality is particularly important
- Your vehicle is still under manufacturer warranty
- You want to maintain the highest possible resale value
- You simply want the assurance of original parts without the negotiation hassle
Not all insurers in NC offer this endorsement, so ask your agent about availability.
Used and Salvage Parts: Another Cost-Cutting Measure
In addition to aftermarket parts, some insurers may specify used parts (also called recycled or salvage parts) on the repair estimate. These are OEM parts removed from vehicles at salvage yards.
Used parts are genuine manufacturer parts, which is an advantage over aftermarket. However, they come with their own concerns:
- Unknown condition. The part may have existing rust, dents, stress fractures, or other damage that is not immediately apparent.
- Prior crash involvement. A structural part from a salvage vehicle may have been stressed or damaged in the crash that totaled the donor vehicle.
- Wear and age. The part has been in service on another vehicle and has corresponding wear.
- No warranty. Used parts typically come with limited or no warranty -- often just 30 to 90 days from the salvage yard.
For non-structural components on older vehicles, used OEM parts can be a reasonable choice. For structural, safety, or cosmetic parts where condition matters, be cautious. Inspect the part before it is installed, or ask your shop to inspect it and reject any part that does not meet standards.
What to Do If You Disagree With the Parts Being Used
If your insurer is specifying aftermarket or used parts and you want OEM, here is a practical path forward.
1. Review the Estimate Carefully
Look at every line item and identify which parts are listed as aftermarket (often marked "A/M," "AFT," or "non-OEM") and which are OEM. Focus your attention on structural and safety-critical components.
2. Request OEM for Safety-Critical Parts
Even if you accept aftermarket parts for cosmetic items like mirrors and trim, request OEM for bumper reinforcements, structural supports, and any component that affects crash performance. Frame your request around safety and the like kind and quality standard.
3. Have Your Shop Support the Request
Ask your repair shop to document why OEM parts are necessary for specific components. A detailed explanation from a certified collision repair professional carries weight with adjusters.
4. Check Your Warranty
If your vehicle is under manufacturer warranty, contact the dealer and ask whether aftermarket parts will affect your warranty coverage. Get this in writing and provide it to the insurer.
5. Negotiate the Difference
If the insurer will not approve OEM pricing, consider paying the difference yourself for the most critical components. The price gap on individual parts is often $50 to $200 -- potentially worth it for parts that protect you in a crash.
6. File an NCDOI Complaint If Necessary
If the insurer fails to provide proper written disclosure of aftermarket parts, uses parts that clearly do not meet the like kind and quality standard, or refuses to negotiate in good faith, you can file a complaint with the NC Department of Insurance. File online at ncdoi.gov or call 855-408-1212.
Frequently Asked Questions
Frequently Asked Questions
Does my insurance company have to tell me if they are using aftermarket parts?
Yes. Under N.C. Gen. Stat. 58-36-95, the insurer or repair shop must provide written disclosure when aftermarket parts will be used in your repair. The estimate or repair order must clearly identify which parts are aftermarket (non-OEM). If you receive a repair estimate and it is not clear which parts are aftermarket, ask for a detailed breakdown before authorizing the work.
Can I demand OEM parts for my car accident repair in NC?
You can request OEM parts, and many shops will accommodate that request. However, the insurance company is generally only obligated to pay the cost of aftermarket parts that meet the like kind and quality standard. If you want OEM parts and the insurer approves only aftermarket pricing, you may need to pay the difference out of pocket. The exception is when aftermarket parts would void your manufacturer warranty or when your policy includes an OEM parts endorsement.
Are aftermarket parts safe to use in car repairs?
It depends on the part. Aftermarket parts range widely in quality. For non-structural, non-safety parts like mirrors, door handles, or trim pieces, quality aftermarket parts are generally fine. For structural and safety-critical components like bumper reinforcements, fenders, hoods, and radiator supports, there is legitimate concern. These parts have not been crash-tested by the vehicle manufacturer and may not perform the same way in a subsequent collision. Many body shop professionals recommend OEM parts for any structural or safety component.
What is an OEM parts endorsement and should I add it to my policy?
An OEM parts endorsement is an optional add-on to your auto insurance policy that requires the insurer to pay for original manufacturer parts when your vehicle is repaired. The additional premium is typically modest -- often $20 to $50 per year depending on the vehicle. If you drive a newer vehicle, a luxury vehicle, or simply want the assurance that only manufacturer parts will be used, this endorsement is worth considering. Ask your insurance agent about availability and cost.