After an accident, things tend to get confusing and frustrating. Not only are you dealing with the inconvenience of a damaged vehicle, you may also have injuries and other personal matters to tackle. Insurance companies also tend to have their preferences—and those may not always align with what you want. For instance, what if you want Original Equipment Manufacturer (OEM) parts for your repairs, but your insurance says no? Can your insurance really refuse that request? As an insurance policyholder in New Jersey, you have certain rights. Knowing those rights will make all the difference in where you take your vehicle for auto repair and what kind of parts you receive.
At Elmer’s Auto Body, we want to help New Jersey drivers like you get back on the road safely, which is why we also ensure you know your legal auto repair rights.
Key Takeaways
- If your insurance company refuses OEM parts, your repair estimate may include aftermarket or recycled parts, which can impact quality, fit, and long-term performance.
- In New Jersey, you have the right to request OEM parts, but if your vehicle is over two years old with more than 30,000 miles, you may have to pay the cost difference yourself.
- Auto body shops like Elmer’s Auto Body can advocate for OEM parts on your behalf when safety, fit, or vehicle systems are at risk, and may help get insurer approval with proper documentation.
- You can formally dispute your insurance company’s decision through New Jersey’s Department of Banking and Insurance if you believe aftermarket parts compromise your vehicle’s safety or value.
- Disagreements over parts can delay repairs, so it’s important to review your policy, talk to your repair shop early, and understand your rights under New Jersey law.
What Happens When Insurance Refuses OEM Parts?
After an accident, you expect your vehicle to be repaired using the same quality parts that it originally had. But if your insurance company says no to those OEM parts, what can you do?
1. Check Your Repair Estimate
When your insurance company refuses OEM parts, the repair estimate they approve will likely include aftermarket or recycled (salvage) parts. These are typically less expensive for the insurer but may not offer the same quality, durability, or exact fit as factory parts.
Aftermarket parts are made by third-party manufacturers and can vary in material, dimensions, and performance. Recycled parts, on the other hand, come from other vehicles and may have wear and tear depending on their age and condition. While your repair shop doesn’t have to use these parts, the insurance payout is based on what they approved. So if OEM parts are used instead, you could be responsible for the cost difference.
2. You Can Legally Request OEM Parts—But May Pay The Difference
You don’t have to accept the use of aftermarket parts for your vehicle repair. However, in New Jersey, there is no legal requirement for OEM use either. In other words, NJ insurance companies can opt to use aftermarket or salvage parts for auto body repair if the vehicle is over two years old and has more than 30,000 miles.
Now, as mentioned previously, while you have the right to request the use of OEM parts, you may have to pay the price difference out-of-pocket. For instance, if the insurance company covers a $200 aftermarket fender and the OEM version costs $400, you would be responsible for the $200 gap. While it’s an added expense, many vehicle owners feel the added quality and long-term reliability are worth it.
3. The Auto Body Repair Shop May Push Back on Your Behalf
Not all situations are final. If your body shop believes the OEM part is necessary for a safe, proper repair, they may be able to advocate for it. At Elmer’s Auto Body, we frequently review insurance estimates and push back when we believe alternative parts could compromise vehicle structure, fitment, or safety. Furthermore, we only use OEM parts for auto body repair.
Shops can provide documentation to the insurer explaining why an OEM part is justified—especially for structural components, ADAS-related sensors, or vehicles still under manufacturer warranty. In many cases, insurance companies will revise their estimate when provided with clear evidence and reasoning.
4. Dispute the Insurance Decision
If the insurance company continues to refuse to cover OEM parts for accident repair, you can file a formal complaint or appeal the decision. In New Jersey, the Department of Banking and Insurance allows consumers to challenge claim decisions when they believe repair quality or vehicle value is at risk.
To support your dispute, you’ll want to collect written estimates, photos, and a repair shop statement that outlines why OEM parts are necessary. Documentation showing that aftermarket parts don’t meet safety or performance standards can strengthen your case.
5. Repairs May Be Delayed
Keep in mind that any disagreement in parts may cause a delay in the repairs. Most repair shops wait for final insurance approval or confirmation on who is paying for what before beginning work. This avoids billing confusion and ensures you’re not surprised by unexpected out-of-pocket costs once the job is complete.
To minimize delays, talk with your repair shop early about your preferences and check your insurance policy for any OEM-specific clauses. Knowing what’s covered—and what’s not—can help avoid frustrating delays and get your vehicle back on the road faster.
What are Your Legal Rights for Auto Repair in New Jersey?
When it comes to car repair after an accident, you have rights, including:
- The right to choose your repair shop, no matter what insurance recommends. Many insurance companies urge customers to use a “direct-repair facility” or DRP. These facilities have contractual agreements with insurance companies and will perform repairs quickly and within a specified budget, though this isn’t always the best for you.
- The right to receive written notice on which parts are being used for repairs. If you aren’t being given OEM parts, the insurance company or repair center must tell you that.
- You also have the right to request OEM parts, even if the parts aren’t covered by your policy.
- You can challenge insurance decisions that may compromise the quality and safety of your vehicle.
Get OEM Parts for Your Vehicle at Elmer’s Auto Body
When your insurance company refuses OEM parts, you’re not out of options. Rather, you just need to know what steps to take. Whether it’s paying the difference, disputing the claim, or asking your repair shop to push for better parts, you have choices.
At Elmer’s Auto Body, we use only OEM parts. Our team works with South Jersey drivers at our three locations—Medford, Mt. Ephraim, and Sewell—to get you the parts you need, even when your insurance company refuses to provide for OEM parts. If needed, we’ll advocate for OEM parts with your insurance company and provide documentation that supports their use.
If you’ve been in an accident and need a top-rated auto body repair shop in South Jersey or guidance on parts, coverage, or claims, give us a call or fill out the contact form. Elmer’s Auto Body of South Jersey is here to help!