SECTIONS 9875-9875.2 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 9875-9875.2

9875. As used in this chapter, the following definitions shall
apply:
(a) "Insurer" includes an insurance company and any person
authorized to represent the insurer with respect to a claim.
(b) "Aftermarket crash part" means a replacement for any of the
nonmechanical sheet metal or plastic parts which generally constitute
the exterior of a motor vehicle, including inner and outer panels.
(c) "Nonoriginal equipment manufacturer (Non-OEM) aftermarket
crash part" means aftermarket crash parts not made for or by the
manufacturer of the motor vehicle.

9875.1. No insurer shall require the use of nonoriginal equipment
manufacturer aftermarket crash parts in the repair of an insured's
motor vehicle, unless the consumer is advised in a written estimate
of the use of nonoriginal equipment manufacturer aftermarket crash
parts before repairs are made. In all instances where nonoriginal
equipment manufacturer aftermarket crash parts are intended for use
by an insurer:
(a) The written estimate shall clearly identify each such part
with the name of its nonoriginal equipment manufacturer or
distributor.
(b) A disclosure document containing the following information in
10-point type or larger type shall be attached to the insured's copy
of the estimate: "This estimate has been prepared based on the use of
crash parts supplied by a source other than the manufacturer of your
motor vehicle. Any warranties applicable to these replacement parts
are provided by the manufacturer or distributor of the parts, rather
than by the original manufacturer of your vehicle."

9875.2. Any violation of this chapter shall be enforced by the
penalties provided in Section 790.06 of the Insurance Code.