Oh, you can even demand, but that won't get the insurer to budge.
People don't know that an insurance company is giving the repair shop a kickback to use non-OEM parts. There's accountability with OEM parts because there's a car maker behind it. When something's pulled out of a junk yard and it doesn't work, there's no one who's held accountable, and it could lead to a situation where lives are put at risk.
Most states have insurance departments that claim to oversee the replacement part practices of car insurance companies, only five states have adopted consent or disclosure laws governing the use of generic parts, according to the Property Casualty Insurers Association of America. Those states are Arkansas, Indiana, Kansas, Rhode Island and West Virginia.
In Indiana, as an example, an insurance company cannot direct an auto repair shop to use a non-OEM part without the consent of the car owner for five years past the model year of the automobile. In Rhode Island, the consent period is 30 months.
Alas, NC has no such requirement.
You could sue the car owner in small claims for the difference between manufacturer and aftermarket parts.
You could file the claim through your insurer, if your insurer allows you to choose, like mine does. Your insurer would subrogate back to the at fault insurer's.
If it is important to you, you could pay the extra $400 out of your pocket.
That's the one way to ensure you receive what you require.
After, it's about safety, isn't it?
Is that worth four hundred bucks to you?
Good luck.
