OEM vs. Aftermarket Parts in Texas: What Your Insurer Can and Can’t Make You Accept

The estimate is in your inbox, and something looks off: where you expected factory parts, the line items read “aftermarket” or “LKQ.” You call the adjuster and ask for original equipment parts instead. The answer comes back fast: we don’t pay for OEM on a car this age.

Can they do that? In Texas, the answer is more in your favor than most drivers realize — with one important catch. This post breaks down the three part types, what Texas law actually says about who chooses, what the automakers themselves say, and how to handle the conversation when the estimate isn’t what you want.

The three part types, plainly explained

Every part on a collision estimate falls into one of three buckets:

• OEM (Original Equipment Manufacturer) — made by the automaker or its contracted supplier, sold through dealer networks. Same part your car was built with. Typically the most expensive option.
• Aftermarket — new parts made by independent companies that reverse-engineer the OEM design. Quality varies widely by manufacturer — some meet or exceed OEM specs, some don’t. Many carry third-party certification (more on CAPA below).
• Recycled / LKQ (Like Kind and Quality) — genuine OEM parts salvaged from another vehicle of the same make and model, inspected and resold. They’re factory parts with a previous life: same engineering, unknown history.

The part type matters most for structural and safety components — bumper reinforcements, frame rails, airbag sensors, and anything in the crash-energy absorption path. A cosmetic trim clip is not a bumper beam, and the stakes are not the same.

What Texas law says: you choose the parts

Texas is unusually clear on this point. Section 1952.301 of the Texas Insurance Code provides that an insurer may not specify the brand, type, kind, age, vendor, supplier, or condition of parts or products used to repair your vehicle. The Texas Department of Insurance repeats it in plain language in the Consumer Bill of Rights for Personal Automobile Insurance: “You have the right to choose the repair shop and replacement parts for your vehicle.”

Your insurer also has to tell you about these rights. Depending on how you filed the claim, the company must provide written notice of your repair rights — within 3 business days for phone or written claims, or immediately in writing if you presented the vehicle in person.

Now the catch: the same Bill of Rights adds that the insurer is “not required to pay more than a reasonable amount.” In practice, that means:

• The insurer can price the estimate using aftermarket or recycled parts.
• It cannot force the shop to install them, and it cannot punish you for choosing otherwise.
• If you insist on OEM parts that cost more than the insurer’s reasonable figure, you may owe the difference out of pocket — unless you can show the cheaper part isn’t actually suitable for the repair.

Texas law also contemplates repair with parts of “like kind and quality” to OEM — the LKQ standard referenced in Section 1952.301. “Like kind and quality” is doing real work in that sentence: a part that doesn’t fit right, won’t hold alignment, or compromises a safety system isn’t of like kind and quality, whatever the estimate calls it.

What the automakers themselves say

This is where the debate gets heated, because the manufacturers have taken public positions — and they’re not neutral:

• Ford (collision position statement, October 2025): Genuine Ford parts are “the only parts validated by Ford Motor Company” to meet its safety and performance standards. Recycled, salvaged, aftermarket, and reconditioned parts “have not been validated,” their “use may compromise repair integrity and jeopardize occupant safety,” and they are “not approved for use with Ford’s repair procedures.” Ford’s Red Carpet Lease agreements go further, contractually requiring lessees to use Ford OEM parts exclusively for collision repair.
• Honda and Acura: American Honda’s position statement says only original equipment Honda/Acura parts should be used in collision repair, warning that compromising any element of the collision-energy absorption or supplemental restraint systems “may have an adverse effect on occupant safety in any subsequent collision.”
• Toyota: has restated its position recommending genuine Toyota parts, citing safety and quality considerations for consumers making parts choices.
• Stellantis (Chrysler/Jeep/Dodge/Ram): has stated it does not approve structural repair procedures where Authentic Mopar parts are not used.

Read these statements for what they are: the manufacturers can only vouch for their own parts, and they have a commercial interest in selling them. But on structural and safety components, their engineering argument deserves weight — crash performance is tested as a system, with factory parts.

Where aftermarket parts stand: certification matters

Not all aftermarket parts are equal, and the industry knows it. The Certified Automotive Parts Association (CAPA) is an independent nonprofit that tests and certifies aftermarket crash parts against published standards for fit, materials, and performance — covering metal panels, plastic fascias, lighting, bumper components, and more. CAPA reports having certified more than 128 million parts since 1990, and certified parts carry a traceable seal.

A practical way to think about it:

• Cosmetic, non-structural panels (a fender skin, a grille): certified aftermarket or quality recycled parts are often a reasonable choice, especially on older vehicles.
• Structural and safety parts (rails, reinforcements, airbag components, sensors and cameras): this is where OEM has the strongest case, and where most manufacturer position statements draw their line.
• Uncertified, no-name aftermarket: the highest-risk bucket. If the estimate doesn’t identify the part’s manufacturer or certification, ask.

Will aftermarket parts void my warranty?

This fear gets used as leverage in both directions, so here’s the actual rule: under federal warranty law, a manufacturer cannot void your warranty simply because an aftermarket or recycled part was used. The Federal Trade Commission has clarified that it’s illegal for a warrantor to deny coverage just because a recycled part was installed — they’d have to show the part caused the failure at issue.

That said, the part itself carries its own warranty (or doesn’t), and a failure caused by a non-OEM part isn’t the automaker’s responsibility. Keep your part invoices — they prove what was installed if a warranty question ever arises.

How to handle the parts conversation: a script

1. Read the estimate’s part designations. Look for OEM, aftermarket (sometimes “A/M” or “non-OEM”), recycled/LKQ, or reconditioned on each line item — especially structural parts.
2. Decide what matters to you. Many drivers accept aftermarket on cosmetic panels and insist on OEM for structural and safety components. That’s a defensible line, and it focuses the cost discussion.
3. Tell the shop, not just the insurer. Your shop writes the repair plan; the insurer writes the check. Give the shop your parts preference in writing so it’s documented on the repair order.
4. Ask the insurer to justify the part choice in writing. If they priced a part you consider unsuitable, ask them to explain how it meets the “like kind and quality” standard for your specific repair.
5. Know the money question up front. Ask: “If I choose OEM here, what’s my out-of-pocket difference?” Get the number before teardown, not at pickup.
6. Check lease and loan terms. If you lease, your contract may require OEM parts — bring that to the insurer’s attention early, since it’s a contractual obligation, not a preference.
7. Get everything in writing. Part designations on the final invoice, any insurer commitments, and any price-difference agreements. Verbal promises evaporate.

The bottom line for Texas drivers

Texas law puts the parts decision in your hands — the insurer prices the claim, but it can’t dictate the brand, type, or source of what goes on your car. The automakers overwhelmingly recommend their own parts, especially for structural and safety repairs. And the practical middle ground most drivers land on: OEM where safety is involved, certified or quality recycled where it isn’t, and eyes open about any price difference.

If an insurer is pressuring your shop on parts — or on anything else about your repair — that’s worth a second opinion. Contact Sindibad Auto Collision or call 973-873-5050 for a free estimate in Kennedale, TX. And if the dispute is about the repair amount rather than the parts, Texas’s appraisal process may apply — see our guide to Texas right to appraisal.

Frequently asked questions

Can my insurance company require the shop to use aftermarket parts?

No. Texas Insurance Code Section 1952.301 bars insurers from specifying the brand, type, kind, age, vendor, supplier, or condition of repair parts, and TDI’s Consumer Bill of Rights confirms your right to choose your parts. The insurer may price the estimate with aftermarket parts, but it can’t force their use.

If I choose OEM parts, do I have to pay the difference?

Possibly. Texas law says insurers aren’t required to pay more than a “reasonable amount.” If OEM parts cost more than the insurer’s reasonable figure and you can’t show the cheaper part is unsuitable, the difference can fall to you. Ask for the out-of-pocket number before repairs begin.

Will using aftermarket parts void my car’s warranty?

Not by itself. Under federal warranty law, a manufacturer can’t void your warranty or deny coverage simply because an aftermarket or recycled part was used — the FTC has clarified this explicitly. They can deny a claim if the non-OEM part caused the failure, which is a different question.

What does LKQ mean on my estimate?

LKQ stands for “Like Kind and Quality” — typically a genuine OEM part salvaged from another vehicle of the same make and model. Texas law contemplates repair with parts of like kind and quality to OEM. A part that doesn’t fit properly or compromises safety doesn’t meet that standard, whatever the label says.

Are CAPA-certified aftermarket parts safe to use?

CAPA certification is a meaningful quality signal: the Certified Automotive Parts Association is an independent nonprofit that tests aftermarket crash parts against published standards, and reports over 128 million parts certified since 1990. Certified parts are a reasonable choice for many repairs, though most automakers still recommend OEM for structural and safety components.

My car is leased. Does that change the parts decision?

It can. Some lease agreements contractually require OEM parts for collision repair — Ford’s Red Carpet Lease, for example, stipulates exclusive use of Ford original equipment parts. Check your lease terms and tell the insurer early; a contractual requirement carries more weight than a preference.

The information in this post is general information about Texas insurance law and collision repair, not legal advice. Policy language, lease terms, and manufacturer positions vary. For advice about your specific claim or repair, consult a licensed Texas attorney or talk directly with your shop.