The Use of Aftermarket Parts After a Car Accident: What You Need to Know

The Use of Aftermarket Parts After a Car Accident: What You Need to Know

After a car accident, one of the most important decisions you’ll face is how to repair your vehicle. In many cases, insurance companies will cover the cost of repairs, but what happens when the repairs involve aftermarket parts? As a personal injury attorney, I often encounter questions about whether using aftermarket parts is a good idea, and how it can affect your case.

Let’s break down what aftermarket parts are, how they differ from original equipment manufacturer (OEM) parts, and what you should consider when it comes to your car repairs.

What Are Aftermarket Parts?

Aftermarket parts are components that are made by companies other than the original vehicle manufacturer. These parts are designed to fit a variety of vehicles, and they can range from minor replacements like side mirrors or fenders to more significant repairs such as bumpers and engines. Aftermarket parts are often less expensive than OEM parts, which can make them an attractive option for those looking to save money on repairs.

While aftermarket parts are perfectly legal to use, they don’t always meet the same safety and performance standards as OEM parts. This is an important consideration, especially when it comes to vehicle safety after a crash.

The Risks of Using Aftermarket Parts

One of the main concerns with aftermarket parts is that they may not provide the same level of safety or quality as OEM parts. The National Highway Traffic Safety Administration (NHTSA) states that car manufacturers design OEM parts to meet strict safety standards. Aftermarket parts, on the other hand, may not always undergo the same level of testing and may not be subject to the same safety regulations.

For instance, aftermarket airbag sensors or replacement bumpers might not work as effectively as OEM parts in a subsequent accident. This could put you at greater risk of injury in the event of another crash. Additionally, the fit and finish of aftermarket parts might not align perfectly with your vehicle, which can affect its performance or aesthetics.

Insurance and Aftermarket Parts

Insurance companies often prefer the use of aftermarket parts because they are typically less expensive than OEM components. However, this can create challenges when you’re trying to ensure the best possible outcome for your vehicle and your personal injury claim.

If you’re dealing with insurance coverage, be aware that they may automatically choose aftermarket parts for your car repairs, particularly if you’re not the original owner of the vehicle. While you can ask for OEM parts, this could result in a dispute with the insurance company over cost.

If you’ve been injured in an accident, the use of aftermarket parts might also impact your personal injury claim.

Here’s how:

Negligence and Liability

If you or someone else is involved in another accident and the vehicle’s performance is compromised due to faulty aftermarket parts, it could affect the determination of fault. If the aftermarket part fails during the second collision, this could complicate your claim or make it harder to prove that the responsible party’s negligence caused the accident.

Vehicle Value

If your car is repaired with aftermarket parts, the resale value of your vehicle could be impacted. Should you need to sell your car or trade it in down the road, potential buyers may be wary of the use of non-OEM parts, which could lower the vehicle’s value.

What Should You Do?

If you’ve been in an accident and your car needs repairs, it’s essential to weigh your options carefully. Here are a few steps to take:

Check with Your Insurance

Understand whether your insurance policy will cover the cost of OEM parts or if aftermarket parts will be used. Be aware that some states have laws that require insurance companies to use OEM parts if your car is still under warranty or if you request them.

Consider the Quality of the Aftermarket Part

If aftermarket parts are being used, research the manufacturer and make sure the parts meet industry safety standards. Don’t hesitate to ask your mechanic about the specific parts being used for the repair.

Consult with an Attorney

If you’ve been injured in an accident, consult with a personal injury attorney before agreeing to repairs. They can advise you on how the use of aftermarket parts might impact your claim and help ensure that you are not inadvertently compromising your safety or the value of your case.

West Virginia Law

In West Virginia, OEM parts are required for repairs to vehicles in the year of their manufacture, and for the succeeding two years unless the owner consents in writing.  After that, the insurance company can use aftermarket parts.

For all motor vehicles requiring repair by motor vehicle body shops in the year of their manufacture or in the two succeeding years thereafter, motor vehicle body shops must use genuine crash parts sufficient to maintain the manufacturer’s warranty for fit, finish, structural integrity, corrosion resistance, dent resistance and crash performance unless the motor vehicle owner consents in writing at the time of the repair to the use of aftermarket crash parts. No insurance company may require the use of aftermarket crash parts when negotiating repairs of the motor vehicle with any repairer for a period of three years, the year the motor vehicle was manufactured and the two succeeding years thereafter, unless the motor vehicle owner consents in writing at the time of the repair to the use of aftermarket crash parts.

WV Code 46-A-6B-3

Use of Aftermarket Parts After a Car Accident

Aftermarket parts are a legitimate option for repairing your vehicle after an accident, but they come with considerations that could impact both your safety and your personal injury claim. Whether you are dealing with insurance companies, auto repairs, or the aftermath of an accident, it’s essential to make informed decisions that prioritize both your safety and your rights. A qualified personal injury attorney can help guide you through this process, ensuring that your interests are protected every step of the way.

If you’ve been injured in a car accident that wasn’t your fault, we can help.  We are available 24 hours a day by phone at (304) 845-9750, Live Chat, or through our no obligation online form.  Need help?  Get help.  Get GKT.


Christopher M. Turak Attorney Headshot

Christopher Turak

Car Accident Attorney