What Is My Liability When Using Aftermarket Parts Per the Insurer? - BodyShop Business

What Is My Liability When Using Aftermarket Parts Per the Insurer?

An insurer has written many non-OEM parts for a third-party's vehicle in my shop. I believe these parts could void the manufacturer warranty. Are there regulations in Ohio to address this?

I have a third-party 2014 Jeep in the shop. The insurance company participating in this repair has written for many non-OEM parts. Some of the parts include the radiator, condenser and electric fan assembly. These parts installed would void the manufacturer warranty if they were to fail during the 7/70 period and cause damage to other components (such as the engine). Are there regulations in Ohio to address this? What is my exposure? The little lizard in question has stated, "Go through your own carrier." By the way, this car has 7,900 miles to date.

Asked by Dan Morgan, Morgan’s Auto Body, Cincinnati, Ohio

Question answered by an Ohio collision repair professional

Because the consumer in this case is a third party (no contract with GEICO), if the vehicle was at my business, I would explain to my customer that they are not bound by whatever GEICO has in the first party’s insurance coverage.
 
As on any claim, we would go over our parts notice and authorization form. This form explains the differences between various parts, for example.
 
In Ohio, the consumer must sign off on the acceptance of any aftermarket or used part being installed in the repair process. In my opinion, once the consumer understands the difference in the parts choices (radiator, air condenser, electric fan assembly) and knows up front that if they sign and authorize the parts that it can and will void the manufacturer’s warranty, they won’t sign. Therefore, the shop cannot legally install the aftermarket parts no matter what the insurance company says without possibly violating consumer protection laws in the state of Ohio.

Click HERE to read Ohio’s aftermarket parts law.

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