Rule 120-2-52-.05. Aftermarket Crash Parts

1. (1) Purpose. The purpose of this section is to set forth standards for the use of aftermarket crash parts. It sets forth certain requirements relative to the identity, quality and disclosure of after market crash parts.
2. (2) Definition. For purposes of this regulation, the term "aftermarket crash part" shall mean a replacement for any of the non-mechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
3. (3) Identification. All aftermarket crash parts which are subject to this section and manufactured after the effective date of this section, shall carry sufficient permanent identification so as to identify their manufacturer. Such identification shall be accessible to the extent practicable after installation.

4. (4) The price of nonoriginal manufacturer aftermarket crash parts may be used by insurers to determine repair costs, provided the use of such parts would restore the damaged vehicle to its preaccident condition relative to quality, safety, function and appearance. If an insurer includes nonoriginal manufacturer aftermarket crash parts in its repair estimate, the insurer shall notify the insured in writing as follows:

   1. (a) The written repair estimate shall clearly identify each such part.

   2. (b) A disclosure document containing the following information in no smaller print than 10 point type shall appear on or be attached to the insurers copy of the estimate:

      "THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE.

      THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTION OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE."

5. (5) No insurer, as part of a claims settlement, may require an insured to authorize the use of nonoriginal manufacturer aftermarket crash parts in the repair of a damaged vehicle.

Authority: O.C.G.A. Secs. 33-2-9, 33-34-8.

History. Original Rule entitled "Aftermarket Crash Parts" adopted. F. Mar. 29, 1994; eff. Apr. 18, 1994.