Section 407.295

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 01 Jan 1990, see footnote   

  407.295.  Motor vehicle repairs, aftermarket crash part, defined — requirements — disclosure to owner — penalties. — 1.  As used in this section, the following terms mean:

  (1)  "Aftermarket crash part", a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;

  (2)  "Insurer", an insurance company and any person authorized to represent the insurer with respect to a claim;

  (3)  "Nonoriginal equipment manufacturer (Non-OEM) aftermarket crash part", aftermarket crash parts not made for or by the manufacturer of the motor vehicle.

  2.  Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in this state after January 1, 1990, 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.

  3.  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.  In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:

  (1)  The written estimate shall clearly identify each such part; and

  (2)  A disclosure document containing the following information in ten-point 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."

  4.  Any violation of this section shall be deemed an unlawful practice as the term is used in sections 407.010 to 407.130, and shall be subject to the enforcement provisions of sections 407.010 to 407.130.

  5.  This section shall become effective January 1, 1990.

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(L. 1989 H.B. 726 § 1)

Effective 1-01-90