Legislation would require insurers to base claim payments on, and collision repairers to use, vehicle manufacturer compliant repair procedures. Excludes OEM parts mandates, but requires use of like, kind and quality.
A bill introduced yesterday in Illinois seeks to require both auto insurance companies and collision repair facilities to comply with original equipment manufacturer (OEM) repair procedures. House Bill 3133 (HB 3133) is the same as legislation introduced last year on the subject also by Representative Elizabeth Hernandez.
The bill seeks to amend the Illinois Insurance Code by changing Section 155.29 by adding a subsection addressing OEM procedures that states:
(e) Procedures. No insurer shall specify the use of repair procedures that are not in compliance with original equipment manufacturer directives for those parts in the repair of an insured’s motor vehicle, nor shall any repair facility or installer use repair procedures that are not in compliance with original equipment manufacturer directives for those parts to repair a vehicle. However, this subsection does not require the use of original equipment manufacturer repair parts or original equipment manufacturer advanced driver assistance system calibration tools that may be recommended in an original equipment manufacturer directive if the repair parts or calibration tools used are at least equal in like kind and quality and otherwise conform to original equipment manufacturer directives.
The bill also seeks to amend the Illinois Automotive Collision Repair Act (815 ILCS 308/15) section 15 inserting a new subsection that would require “…the use of repair procedures and replacement parts that are in compliance with original equipment manufacturer directives for those parts.”
However, the section again excludes OEM part requirements and the use of manufacturer ADAS calibration tools “…if the repair parts or calibration tools used are at least equal in like kind and quality and otherwise conform to original equipment manufacturer directives.”
The complete subsection states:
(g) The estimate shall include the use of repair procedures and replacement parts that are in compliance with original equipment manufacturer directives for those parts. However, this subsection does not require the use of original equipment manufacturer repair parts or original equipment manufacturer advanced driver assistance system calibration tools that may be recommended in an original equipment manufacturer directive if the repair parts or calibration tools used are at least equal in like kind and quality and otherwise conform to original equipment manufacturer directives.
The bill is the third attempt to pass OEM procedure legislation in Illinois.
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