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“We Use Aftermarket Parts”: Can You Insist on OEM Parts?

Last reviewed October 10, 2026 by Ali Ahmad, MyAutoTriage editor.

What the adjuster said

"The estimate uses aftermarket parts."

Short answer

Usually yes, unless your policy promises OEM parts. But under the NAIC model rule, an insurer can't require aftermarket crash parts unless they are at least equal to the original in fit, quality and performance, and some states require the estimate to identify them. You can pay the difference for OEM parts.

What it usually means

Aftermarket (non-OEM) parts are made by companies other than the car's manufacturer and cost less. Many policies allow them. Fit problems show up as uneven panel gaps, paint mismatch or sensors that don't line up.

What the rules say

  • No insurer shall require replacement crash parts unless they are at least equal in kind and quality to the original in fit, quality and performance, and the insurer must consider the cost of any modifications needed (Model 902, Section 8J(4)).
  • Maine's regulator says you choose which parts are used, but the insurer may not have to pay the higher cost of OEM parts.
  • Check your policy for an OEM parts endorsement; some insurers sell one.

The NAIC model act and regulation are templates that most states have adopted in some form, often with different deadlines or wording. Your state's own law and your policy are what apply.

What to say back

Reply in writing (email is fine) so you have a record. Fill in the brackets:

The estimate on claim [claim number] lists aftermarket parts for [parts]. My shop reports that [part] does not fit or perform like the original. Please approve OEM parts for these items or confirm in writing that the aftermarket parts are equal to the original in fit, quality and performance, and that you will pay for any modifications needed to install them.

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Frequently asked questions

Does using aftermarket parts void my car's warranty?

Federal law generally stops a manufacturer from voiding a whole warranty just because non-OEM parts were used, but it can refuse to cover damage those parts cause. Ask the shop and the insurer who stands behind the part.

Are used (recycled) OEM parts the same as aftermarket?

No. Recycled or "LKQ" parts are original-manufacturer parts taken from another car. Estimates often mix new OEM, recycled and aftermarket parts, so read each line.

Other things adjusters say

Sources

Not legal, financial, or insurance advice. This page summarises rules and data for general education only. Insurance laws, deadlines, and formulas vary by state, by policy, and by insurer, and they change over time. Verify anything important with your insurance policy, your state department of insurance, or a licensed attorney before relying on it. This page explains common claim-handling rules in general terms. It is not legal advice. For an injury claim or a large dispute, talk to a licensed attorney.