(a) Purpose. 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:

Terms Used In Illinois Compiled Statutes 215 ILCS 5/155.29

  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

     “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.”