After Market Crash Parts Regulation

<CHAPTER 0780-1-59  AFTERMARKET CRASH PARTS REGULATION

0780-1-59-.01 PURPOSE.

The purpose of this Chapter is to regulate the use of aftermarket crash parts by requiring disclosure when any use is proposed of an aftermarket, non-original equipment manufacturer's crash part, and by requiring that the manufacturers of such aftermarket crash parts be identified.

0780-1-59-.02 DEFINITIONS

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

(2) "Aftermarket crash part" means 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) "Non-original equipment manufacturer (Non-OEM) aftermarket crash part" means aftermarket crash parts not made for or by the manufacturer of the motor vehicle.

0780-1-59.03 IDENTIFICATION

Any aftermarket crash part specified by an insurer for use in the repair of an insured's motor vehicle, supplied by a non-original equipment manufacturer for use in this State after the effective date of this regulation shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. Such manufacturer's logo or name shall be visible after installation whenever practicable.

0780-1-59.04 DISCLOSURE

(1) No insurer shall specify directly or indirectly the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle without disclosing the intended use of such parts to the insured. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:

(a) the written estimate shall clearly identify each such part.

(b) a disclosure document containing the following information in no smaller print than 10 point type or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of one or more crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the parts manufacturer or distributor rather than by the manufacturer of your vehicle."

(2) Non-OEM after market crash parts shall not be used on current year model or immediate prior year model motor vehicle without the permission of the insured.

0780-1-59-.05 ENFORCEMENT

Violations of this regulation shall be enforced through the Unfair Claim Settlement Practices Act, T.C.A. §56-8-104(8), as provided in T.C.A. §§56-8-107 through 56-8-112.

0780-1-59-.06 SEVERABILITY

If any section or portion of a section of this regulation or the applicability thereof to any person or circumstance, is held invalid by a court, the remainder of this regulation, or the applicability of such provision with a person shall not be affected thereby.

October, 1999 (Revised)