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Wednesday, 27 February 2019 19:13

WV Reintroduces Bill Requiring New OEM Parts for 1st 3 Years of Vehicle's Life

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In February, West Virginia State Senator Randy Smith (R) reintroduced his 2018 bill that would require insurers to only use new OEM parts on vehicles from the current model year and the two previous years.


Nearly identical to last year’s Senate Bill 308, Senate Bill 49 would prohibit the use of recycled or aftermarket parts on vehicles during the first three years of the vehicle’s life.


An amendment to WV Code 46A-6B-3, Senate Bill 49 states, “For all motor vehicles requiring repair by motor vehicle body shops in the year of their manufacture or in the two succeeding years thereafter, and those needed repairs will be paid in whole or in part, by an insurance company, motor vehicle body shops must use genuine new original equipment parts sufficient to maintain the manufacturer’s new vehicle warranty for fit, finish, structural integrity, corrosion resistance, dent resistance, and crash performance. An insurance company may not require the use of aftermarket crash parts when negotiating repairs of the motor vehicle with any repairer for a period of the current model year plus two years.”


West Virginia’s current code allows the use of aftermarket parts on vehicles 3 years old or newer only if the consumer provides written consent. Senate Bill 49 would prohibit such use of aftermarket parts, regardless of whether the customer provides consent in writing.


Senate Bill 49 would remove West Virginia’s requirement for all shops to use “genuine crash parts” to preserve a warranty unless the customer provides written consent and would only apply to repairs that are at least partially paid for by the insurer.


The time frame to which this mandate applies has also been slightly altered in the verbiage to include vehicles “in the year of their manufacturer or in the two succeeding years thereafter.”


Despite having four sponsors, Senate Bill 308 died in the Judiciary Committee. Thus far, Senator Smith is the only sponsor of House Bill 49, which is currently before the Judiciary Committee.

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