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Sunday, August 28, 2005

What the state law says

Virginia law features sections relevant to the debate about the use of aftermarket parts in body shop collision repair.

From Section 38.2-510:

"No insurer shall prepare or use an estimate of the cost of automobile repairs based on the use of an aftermarket part, as defined herein, unless:

"The insurer discloses to the claimant in writing either on the estimate or in a separate document attached to the estimate the following information:

"This estimate has been prepared based on the use of automobile parts not made by the original manufacturer. Parts used in the repair of your vehicle by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality and performance to the original manufacturer parts they are replacing.

"'Aftermarket part' as used in this section shall mean an automobile part which is not made by the original equipment manufacturer and which is a sheet metal or plastic part generally constituting the exterior of a motor vehicle, including inner and outer panels."

Also relevant to the debate is Section 38.2-517, which holds that a policyholder or claimant cannot be coerced or intimidated into using a designated repair facility or "products of a designated manufacturer in connection with settling or paying any claim arising under a policy or policies of insurance ... "

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