Reviewed by Ryan Orsatti, Texas personal injury attorney.
Quick Answer
- Insurance may pay for aftermarket replacement parts after a covered crash. Texas does not give every driver an automatic right to insurer-paid OEM parts.
- You have the right to choose your repair shop and parts. That choice does not mean the insurer must pay any price the shop charges.
- Using an aftermarket part does not, by itself, void a vehicle warranty. Damage caused by that part or improper installation is a separate issue.
Key Takeaways
- Separate a dispute about which part to use from a dispute about how much the insurer owes.
- Check the policy, the written estimate and any OEM endorsement, an added policy provision addressing original parts.
- Ask the shop to document why a proposed part is unsuitable for your vehicle, rather than relying on a preference for a brand.
- Custom wheels, electronics and other upgrades raise a different coverage question from ordinary crash-repair replacement parts.
Ryan Orsatti Law represents people injured in San Antonio crashes. If your wreck involved injuries as well as a repair dispute, our team can review the issues together without treating the repair estimate as the whole claim.
Does insurance cover aftermarket parts after a Texas crash?
Yes, a covered repair can include aftermarket parts. An aftermarket replacement part comes from a company other than the vehicle’s original manufacturer. Whether a particular repair is covered, and how much the insurer owes, depends on the claim, policy and repair needs.
The Texas Department of Insurance explains that an insurer generally owes parts of like kind and quality to those damaged, not automatically new original-manufacturer parts. An OEM endorsement may change the policy’s payment terms. Read the actual endorsement, including any conditions or exclusions, before assuming it covers every OEM part.
A liability policy that pays for damage you cause to someone else’s car is different from collision coverage for your own car. When another driver’s insurer handles the claim, fault, available coverage and the supported repair cost still matter. Do not treat a parts estimate as an admission that every part of the claim is accepted.
What is the difference between OEM, aftermarket and recycled parts?
| Part description | What it means | What to ask the shop |
|---|---|---|
| OEM | A replacement supplied through the original vehicle manufacturer’s parts line. | Is this the correct part number for this vehicle and repair? |
| Aftermarket | A replacement from another manufacturer. | Who made it, and is it suitable for this repair? |
| Recycled or used | A part removed from another vehicle for reuse. It is not necessarily a new aftermarket part. | What are its source, condition and warranty? |
The label alone does not establish the quality of the completed repair. Ask for the part number, source and applicable repair instructions. Also ask who handles a problem if the part does not fit or fails after installation.
Can an insurer force you to use its shop or a particular part?
Texas Insurance Code Section 1952.301 protects repair choice. Subject to commissioner-adopted rules, an insurer may not limit coverage by specifying the parts’ brand, type, age, source or condition, or by restricting shop selection. The section separately protects a third-party claimant from being required to use a particular shop or kind of part.
There is a payment limit, however. TDI’s current consumer guidance pairs your right to choose with the insurer’s obligation to pay a reasonable amount. Choosing OEM parts does not automatically make the entire price difference payable. Conversely, the insurer’s preferred estimate does not automatically establish a reasonable repair cost.
Ask the adjuster to explain the proposed payment in writing. If your shop says a listed part will not work for the repair, ask it to identify the problem and submit supporting documents. Texas Insurance Code Section 1952.304 also prevents an insurer from barring a shop from giving you information about the parts used and the parts and labor charges.
Attorney Insight: Frame the dispute around the repair, not just the logo on the box. Ask what the vehicle needs, what the estimate pays for and what evidence explains the gap. A written, part-specific explanation is more useful than a blanket claim that all aftermarket parts are unsafe or all OEM parts are required.
Do aftermarket parts void your vehicle warranty?
No. An aftermarket part does not automatically cancel a vehicle warranty. The Federal Trade Commission explains that the manufacturer or dealer must show that the aftermarket part caused the damage before denying warranty coverage on that basis. A defective part or improper installation can therefore affect coverage for resulting damage, but unrelated warranty coverage is not automatically lost.
The federal rule, 16 C.F.R. Section 700.10, also recognizes exceptions involving parts or service supplied free under the warranty and an FTC waiver. An optional service contract is different from the manufacturer’s warranty. Keep both documents, along with repair and maintenance records, so you can identify which agreement controls a disputed repair.
How should you evaluate safety and fit?
Do not assume that an OEM label guarantees a safe completed repair or that every aftermarket part is unsafe. Ask the repair shop to identify the manufacturer’s procedures that apply to your vehicle and the damaged area. Ask which inspections, scans or calibrations the repair requires, and request the completion records.
If the shop objects to a proposed part, ask for the specific reason. A documented fit problem, an incompatible component or a repair instruction tied to your vehicle gives the adjuster something concrete to address. Do not rely on a generic statement that every part has passed the same federal test or that a replacement guarantees future crash performance.
What if you mean aftermarket upgrades rather than replacement parts?
A repair estimate listing an aftermarket replacement fender is not the same issue as insurance for custom wheels, added electronics or performance upgrades. Ask the insurer whether your actual policy covers those modifications and whether any additional equipment coverage applies. Do not assume that coverage for ordinary replacement parts also insures every upgrade you installed.
Keep receipts and photos of modifications. Tell the insurer which equipment was damaged and ask for its coverage explanation. This article addresses replacement-parts disputes after a crash, not a promise of coverage for a modified vehicle.
What should you do before approving disputed repairs?
- Identify the claim. Are you using your own collision coverage or dealing with the other driver’s liability insurer? Keep the claim number and adjuster’s contact details.
- Get the documents. Request the full policy and relevant endorsements when using your own coverage. Keep both the insurer’s estimate and the shop’s estimate.
- Compare the same repair. Match part numbers, condition, labor and required repair procedures. Ask the shop to explain each disputed item in writing.
- Ask about a supplement. Have the shop explain how it will seek payment for additional damage or work not included in the initial estimate.
- Clarify your potential bill. Before authorizing work, ask which charges remain disputed, who is responsible for them and what you are agreeing to pay.
- Preserve the record. Save photos, invoices, communications and completion records. The firm’s Texas crash evidence checklist can help organize the crash information.
Does using aftermarket parts automatically create a diminished-value claim?
No. Diminished value means a loss in the vehicle’s market value following the crash and repair. A parts label alone does not prove that loss. Keep evidence of the vehicle’s condition, repair work and value, and distinguish a claim against the at-fault driver from a claim under your own policy.
TDI’s diminished-value bulletin recognizes that a third-party liability claim may include lost market value. It treats a fully repaired vehicle under the standard collision or comprehensive policy differently, while also recognizing possible UM/UIM coverage issues. The actual policy and facts matter. Do not assume every insurer owes diminished value or that OEM parts erase accident history.
When injuries and vehicle repairs overlap
Ryan Orsatti Law is a San Antonio personal-injury firm. Our car-accident representation addresses injury claims, insurance issues and evidence after a wreck. If you were hurt, do not postpone needed medical care while the parties debate parts. You can request a free consultation to discuss the crash and whether the firm can assist. A repair-only dispute may require a different approach.
Frequently Asked Questions
Does insurance have to pay for OEM parts in Texas?
Not automatically. TDI distinguishes your right to choose parts from the amount an insurer must pay. Read any OEM endorsement and ask the shop to explain why the proposed repair needs the particular part. A preference for new original parts alone does not establish that the insurer owes the entire added cost.
Can I refuse an aftermarket part?
You have repair-choice rights in Texas, but a disagreement about payment can remain. Before approving a different part, ask the shop and insurer to identify the disputed cost and their reasons. Do not assume refusing the listed part makes the insurer pay for a more expensive one, or that the insurer’s estimate settles the issue.
Will an aftermarket part void my car’s warranty?
No, not just because it is aftermarket. The FTC explains that a manufacturer or dealer must show that the part caused the damage before denying warranty coverage on that ground. Keep installation and maintenance records. An optional service contract has its own terms and should not be confused with the manufacturer’s warranty.
Should I wait for the repair dispute to end before asking about an injury claim?
No. A dispute about vehicle parts does not resolve whether someone is responsible for your injuries. Seek needed medical care and preserve the crash evidence now. If a release is presented, have its scope reviewed before signing so you understand which claims it addresses. Ryan Orsatti Law offers free consultations for people injured in crashes.
Source Notes
- Texas Insurance Code Section 1952.301: repair choice.
- Texas Insurance Code Section 1952.304: shop information.
- TDI: Insured Texas drivers have a consumer bill of rights: choice of shop and parts, reasonable payment.
- TDI Auto Insurance Guide: coverage types and replacement parts.
- TDI Bulletin B-0031-10: repair estimates, shop choice and reasonable repair cost.
- FTC: Auto Warranties and Auto Service Contracts: aftermarket parts, causation and service contracts.
- 16 C.F.R. Section 700.10: warranty tying restrictions and exceptions.
- TDI Bulletin B-0027-00: diminished value and differences between claim types.
Ryan Orsatti Law
4634 De Zavala Rd, San Antonio, TX 78249
Phone: 210-525-1200
ryanorsattilaw.com
This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.
Hurt in an accident in San Antonio? Learn how a San Antonio car accident lawyer can help with your claim. Call 210-525-1200 or request a free consultation.
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Related San Antonio legal resources
Primary legal and public-data sources
- TxDOT: Texas crash reports, data, and statistics
- Texas Civil Practice and Remedies Code Chapter 33: proportionate responsibility
Ryan Orsatti Law
4634 De Zavala Road, San Antonio, TX 78249
General reference links. Consult each source for its current text.