§ 58-36-95. Use of nonoriginal crash repair parts. - North Carolina Statutes

§ 58‑36‑95.  Useof nonoriginal crash repair parts.

(a)        As used in thissection, the following definitions apply:

(1)        "Insurer"includes any person authorized to represent an insurer with respect to a claim.

(2)        "Nonoriginalcrash repair part" refers to sheet metal and/or plastic parts – generallycomponents of the exterior of a motor vehicle – that are not manufactured by orfor the original equipment manufacturer of the vehicle.

(b)        An insurer shalldisclose to a claimant in writing, either on the estimate or on a separatedocument attached to the estimate, the following in no smaller than ten pointtype: "THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AUTOMOBILEPARTS NOT MADE BY THE ORIGINAL MANUFACTURER. PARTS USED IN THE REPAIR OF YOURVEHICLE MADE BY OTHER THAN THE ORIGINAL MANUFACTURER ARE REQUIRED TO BE ATLEAST EQUIVALENT IN TERMS OF FIT, QUALITY, PERFORMANCE, AND WARRANTY TO THEORIGINAL MANUFACTURER PARTS THEY ARE REPLACING."

(c)        It is a violationof G.S. 58‑3‑180 for an automobile repair facility or parts personto place a nonoriginal crash repair part, nonoriginal windshield, ornonoriginal auto glass on a motor vehicle and to submit an invoice for anoriginal repair part.

(d)        Any insurer orother person who has reason to believe that fraud has occurred under thissection shall report that fraud to the Commissioner for further action pursuantto G.S. 58‑2‑160. (2003‑395, s. 2; 2006‑105, s. 1.6.)