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(215 ILCS 5/155.29)
(from Ch. 73, par. 767.29)
The purpose of this Section
is to regulate the use of
aftermarket crash parts by requiring disclosure when any use of
an aftermarket non-original equipment manufacturer's crash part is proposed and by
requiring that the manufacturers of such aftermarket crash parts be identified.
(b) Definitions. As used in this Section the following terms have
the following meanings:
"Aftermarket crash part" means a replacement for any of the nonmechanical
sheet metal or plastic parts that generally constitute the exterior of a
motor vehicle, including inner and outer panels.
"Non-original equipment manufacturer (Non-OEM) aftermarket crash part"
means an aftermarket crash part not made for or by the manufacturer of the motor vehicle.
"Repair facility" means any motor vehicle dealer, garage, body shop, or
other commercial entity that undertakes the repair or replacement of those
parts that generally constitute the exterior of a motor vehicle.
"Installer" means an individual who actually does the work of replacing
or repairing parts of a motor vehicle.
(c) Identification. Any aftermarket crash part supplied by a
non-original equipment manufacturer for use in this State after the
effective date of this Act shall have affixed thereto or inscribed thereon
the logo or name of its
manufacturer. The manufacturer's logo or name shall be visible after
installation whenever practicable.
(d) Disclosure. No insurer shall specify the use of non-OEM
aftermarket crash parts in the repair of an insured's motor vehicle, nor
shall any repair facility or installer use non-OEM aftermarket crash parts
to repair a vehicle unless the customer is advised of that fact in
writing. In all instances where an insurer intends that non-OEM
aftermarket crash parts be used in the repair of a motor vehicle, the
insurer shall provide the customer with the following information:
(1) a written estimate that clearly identifies each
non-OEM aftermarket crash part; and
(2) a disclosure settlement incorporated into or
attached to the estimate that reads as follows: "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."
(Source: P.A. 86-1234; 86-1475.)