407.295. Motor vehicle repairs, aftermarket crash part, defined--requirements--disclosure to owner--penalties.

MISSOURI STATUTES AND CODES

407.295. Motor vehicle repairs, aftermarket crash part, defined--requirements--disclosure to owner--penalties.

Motor vehicle repairs, aftermarket crash part,defined--requirements--disclosure to owner--penalties.

407.295. 1. As used in this section, the following termsmean:

(1) "Aftermarket crash part", a replacement for any of thenonmechanical sheet metal or plastic parts which generallyconstitute the exterior of a motor vehicle, including inner andouter panels;

(2) "Insurer", an insurance company and any personauthorized to represent the insurer with respect to a claim;

(3) "Nonoriginal equipment manufacturer (Non-OEM)aftermarket crash part", aftermarket crash parts not made for orby the manufacturer of the motor vehicle.

2. Any aftermarket crash part supplied by a nonoriginalequipment manufacturer for use in this state after January 1,1990, shall have affixed thereto or inscribed thereon the logo orname of its manufacturer. Such manufacturer's logo or name shallbe visible after installation whenever practicable.

3. No insurer shall specify directly or indirectly the useof non-OEM aftermarket crash parts in the repair of an insured'smotor vehicle without disclosing the intended use of such parts.In all instances where non-OEM aftermarket crash parts areintended for use by an insurer:

(1) The written estimate shall clearly identify each suchpart; and

(2) A disclosure document containing the followinginformation in ten-point or larger type shall appear on or beattached to the insured's copy of the estimate: "This estimatehas been prepared based on the use of one or more crash partssupplied by a source other than the manufacturer of your motorvehicle. Warranties applicable to these replacement parts areprovided by the parts manufacturer or distributor rather than bythe manufacturer of your vehicle."

4. Any violation of this section shall be deemed an unlawfulpractice as the term is used in sections 407.010 to 407.130,and shall be subject to the enforcement provisions of sections407.010 to 407.130.

5. This section shall become effective January 1, 1990.