§ 31A-22-319. Prohibition on insurer requiring certain parts -- Disclosure.

(1) Unless the insured is given notice in writing an insurer may not specify the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle. The notice required by Subsection (1) shall identify non-OEM parts as not made for or by the vehicle manufacturer.

(2) Unless the consumer is given notice in writing prior to installation, a repair facility or installer may not use non-OEM aftermarket parts to repair a vehicle.

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

(a) the written estimate shall clearly identify each non-OEM aftermarket crash part; and

(b) a disclosure document containing the following statements in 10 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 crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."

Renumbered and Amended by Chapter 8, 1995 General Session