Lawsuit Against West Virginia Body Shop Dismissed

ARA Applauds Dismissal of Recycled Parts Lawsuit Against West Virginia Body Shop

Association believes this final ruling ends decades of "mischaracterization" of recycled OEM parts as "aftermarket" in West Virginia.

The Automotive Recyclers Association (ARA) applauds the recent ruling by a West Virginia judge to dismiss a lawsuit filed in December 2011 by then-Attorney General Darrell McGraw that questioned a collision repair facility’s utilization of recycled OEM parts. The ruling in Kanawha County follows the June 2014 ruling by the West Virginia Supreme Court of Appeals that also affirmed the use of salvage/recycled OEM crash parts in vehicle repairs.

ARA believes this final ruling ends decades of “mischaracterization” of recycled OEM parts as “aftermarket” in West Virginia. In December 2011, West Virginia filed a complaint and petition for injunction against Liberty Mutual and Greg Chandler’s Frame & Body, LLC, alleging that the defendants violated the state’s Automotive Crash Parts Act and Consumer Credit and Protection Act by repairing new vehicles using salvage crash parts without obtaining the written consent of the motor vehicle owner at the time of the repair. The Crash Parts Act requires body shops and insurance companies to disclose to vehicle owners the use of certain replacement crash parts in repairs conducted within three years of the repaired vehicle’s original manufacture date, as well as written consent from the vehicle owner to use aftermarket crash parts and the distribution of a statutory notice to the owner that aftermarket crash parts have been used.

In a January 3, 2012 letter to then-Attorney General Darrell McGraw, ARA expressed disappointment about statements published by McGraw’s office regarding “recycled/salvaged” automobile parts, specifically objecting to references classifying recycled/salvaged parts as “junkyard parts.”

“The AG’s derogatory and misleading characterization of recycled/salvaged automobile parts does a disservice to consumers in West Virginia,” said ARA in the letter.

ARA also distinguished between aftermarket and recycled OEM parts, writing that “these quality ‘green’ auto parts also meet the performance, safety, fit and durability standards of the OEM.”

In a June 2014 opinion, the West Virginia Supreme Court of Appeals considered the applications of the Crash Parts Act and the Consumer Credit and Protection Act and found neither statute prohibited body shops or insurers from utilizing recycled/salvaged parts. Moreover, the court applauded the insurers for using measures to reduce premium costs for their customers. The court ruled that aftermarket crash parts and salvage/recycled OEM crash parts are diametrically different products and not interchangeable in the context of the statute. Thus, the use of salvaged/recycled OEM parts by Liberty Mutual and the collision repair shop did not violate the Crash Parts Act.

The lower court that ruled on Jan. 12 originally ruled in favor of McGraw’s office and the case went on appeal before state Supreme Court justices, who reversed the decision and sent it back to circuit court. Kanawha Circuit Judge Charles King subsequently entered an order in favor of Liberty Mutual and the body shop owner, Greg Chandler of Greg Chandler’s Frame & Body, LLC.

“Together, these rulings are a significant step forward for the professional automotive recycling industry and the increased utilization of genuine, recycled OEM parts,” said ARA CEO Michael Wilson in response to the circuit court’s ruling. “ARA applauds the West Virginia courts for recognizing the value of recycled OEM parts to automotive consumers, collision repairers and insurance companies, and for supporting the demonstrated role of professional automotive recyclers in today’s automotive marketplace.”


More information:

West Virginia Body Shop, Insurer Sued Over Use of Salvage Parts in Repair

Federal Judge Returns West Virginia ‘Junkyard Parts’ Case to State Court

Liberty Mutual, West Virginia Body Shop Agree to Stop Using ‘Junkyard Parts’

West Virginia Court Bars Liberty Mutual from Selling Used or Aftermarket Parts

You May Also Like

NABC Donates Recycled Ride to Deserving Las Vegas Family

The NABC, GEICO and Caliber Collision recently donated a refurbished 2019 Toyota Camry to a Las Vegas resident and his adopted family.

The National Auto Body Council NABC), along with GEICO and Caliber Collision, recently donated a refurbished 2019 Toyota Camry to a Las Vegas resident and his adopted family during the pre-race festivities of the Pennzoil 400 at Las Vegas Motor Speedway. The donation was made via the NABC's Recycled Rides program.

Dent Wizard Hires New Senior VP of Strategic Growth & Development

Adrian Gonzalez will be charged with driving growth through mergers and acquisitions.

CCC Report Analyzes Labor Pressures, Vehicle Complexity

Report shows advanced technology is contributing to costlier repairs, higher claims costs and longer cycle times.

Crash Champions Continues Steady Expansion Across Idaho

Crash Champions has announced the acquisition of Hoffman Auto Body in Boise, Idaho.

NABC Donates Recycled Ride to Tucson, Ariz. Family

The NABC, Allstate, Maaco and  Meineke Car Care recently donated a refurbished vehicle to a deserving Tucson, Ariz.-area mom.

Other Posts

ASE Practice Tests Available Online

ASE is encouraging those pursuing certification to take the official practice tests as part of their test preparation process.

Corby’s Collision Center: Since 1942

Bentley (Bud) and Evelyn Corby started Corby’s in a little gas station in Honeoye Falls, N.Y.

CIF Announces Enterprise as Repeat Annual Donor

Enterprise has donated for the fourth consecutive time at the Urgent Care (second highest) tier.

NABC Donates Recycled Ride to Central Georgia Mom

The NAB), GEICO and Five Star Collision Center-Wimbish recently donated a refurbished vehicle to a deserving mother of four.