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January
31, 2001
The Honorable Byron L. Dorgan
United States Senate
The Honorable John F. Tierney
House of Representatives
The National Highway Traffic Safety Administration (NHTSA), the
federal agency responsible for reducing accidents, deaths, and
injuries resulting from motor vehicle crashes on the nation’s
highways, estimates that over 6 million automobile accidents occurred
in the United States in 1999. To repair crash-damaged vehicles,
consumers spent over $8 billion and bought over 61 million sheet
metal and plastic body parts (including exterior fenders, bumpers,
hoods, and doors). Consumers and body shops that repair crash-damaged
vehicles have a choice in many instances of buying new replacement
parts from either the original equipment manufacturer or other
sources, commonly called aftermarket manufacturers. These aftermarket
manufacturers produce their parts by copying the design of the
original vehicle parts.
Concerns have been raised for many years about the quality and
safety of aftermarket crash parts.1 A number of auto
manufacturers and repair shop owners argue that aftermarket crash
parts are inferior to original parts and pose a possible safety
risk. Conversely, many aftermarket manufacturers and auto insurers
argue that aftermarket crash parts can be equal in quality to
original parts, are safe, and can cost up to 65 percent less than
the original equipment manufacturer’s parts. Public awareness
was heightened in October 1999 after judgments totaling over $1
billion were entered against State Farm Mutual Automobile Insurance
Company in response to a class action complaint concerning the
use of aftermarket crash parts. The trial court concluded that
State Farm breached its insurance policies by requiring the use
of aftermarket parts that did not return damaged vehicles to their
precrash condition. The court also found that State Farm’s conduct
violated the Illinois Consumer Fraud and Deceptive Business Practices
Act.
1 Crash parts
are generally made of sheet metal or plastic and installed on the
exterior of a motor vehicle. These parts include bumper components,
hoods, doors, fenders, and trunk lids. Crash parts exclude mechanical
parts such as batteries, filters, shock absorbers, and spark plugs.
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