Texas does not require insurers to pay for original manufacturer (OEM) parts. The Texas Department of Insurance says an insurer only has to pay for parts of like kind and quality to the ones that were damaged. Texas Insurance Code §1952.301 still protects your right to choose your parts, and §1952.304 lets your shop tell you exactly what was used. If you want OEM parts the insurer won't cover, you may pay the difference.
When an insurance estimate lands in your inbox, the parts column can raise questions fast. Why does it say "A/M" next to your headlamp? Who decides between OEM vs aftermarket parts, and what does your insurer actually have to pay for in Texas? Here's how it works, in plain terms. This is general information, not legal advice.
What are OEM vs aftermarket parts?
Collision estimates usually draw from four kinds of parts:
| Type | What it is | What to know |
|---|---|---|
| OEM (original equipment manufacturer) | A new part made by or for your car's manufacturer | Matches what came on the car; usually the most expensive option |
| Aftermarket | A new part made by a different company to fit your car | Costs less; quality and fit vary by maker and by part |
| Used, recycled or LKQ | An original part taken from another vehicle, often a salvaged one | Factory design, but condition depends on the donor car |
| Reconditioned | A used part that has been repaired or refinished | Common for bumper covers and wheels; worth asking who did the work |
"LKQ" stands for like kind and quality. You'll see it on estimates next to recycled parts, and it's also the standard insurers use for paying claims, which brings us to the rule.
What does "like kind and quality" mean in Texas?
The Texas Department of Insurance auto insurance guide says an insurance company is only required to pay for parts of like kind and quality to those that were damaged, and that it doesn't have to pay for original parts from the manufacturer.
In practice, that means the insurer can write its estimate with aftermarket, recycled or reconditioned parts, as long as they are comparable to what was on the car. If your 8-year-old fender is written with a recycled fender in similar condition, that fits the standard. If a part is plainly worse than what you had, you have grounds to push back.
The notice insurers must give you under 28 TAC §5.501 says the same thing from the other side: you can choose your parts, but the insurer "is not required to pay more than a reasonable amount for such repairs and parts."
Does Texas law require insurers to use OEM parts?
No. Texas came close in 2023. Senate Bill 1083, as filed, would have required OEM parts for damage to a car the insured bought new and had owned for 36 months or less, unless the owner signed a written consent to other parts. According to the Texas Legislature's bill history, it passed the Senate on April 17, 2023, and was left pending in the House Insurance Committee on May 9, 2023. It never became law.
So even on a nearly new car, there's no Texas rule that forces an insurer to pay for factory parts. Your policy language and your negotiation with the adjuster are what matter.
Your right to choose parts and see what was used
Texas law protects your choice even when it doesn't pay for it. Texas Insurance Code §1952.301 says an insurer may not limit its coverage by specifying the brand, type, kind, age, vendor, supplier or condition of the parts used to fix your car. That same section protects your choice of repair shop, which we cover in do I have to use my insurance company's body shop in Texas.
You also get to know what went on your car. Under §1952.304, an insurer may not stop a shop from telling you the description, manufacturer or source of the parts used, and what the insurer was charged for parts and labor. Ask for the final invoice with part numbers. A good shop will hand it over without fuss, and our post on what a body shop estimate should include shows what to look for on the paperwork.
How to get OEM parts if insurance won't pay
If you want factory parts and the estimate says otherwise, you have a few options:
- Ask the adjuster. Explain why an aftermarket or used part isn't like kind and quality in your case: poor fit on a test panel, a missing mounting point, or no comparable part available. Some adjusters will approve OEM for specific parts.
- Pay the difference. The shop can order OEM parts and bill you for the gap between the OEM price and what the insurer approved. Get that amount in writing before work starts.
- Read your policy. Look at how your policy describes the parts it pays for, and ask your agent whether your coverage says anything about OEM parts.
If the car is leased, read your lease contract before you agree to non-OEM parts. Some leases set standards for repairs or for the car's condition at turn-in, and the leasing company, not your insurer, decides what it will accept when you return it.
Fit, finish and safety systems
For a lot of cosmetic parts, a good aftermarket or recycled part works fine. The places to be more careful are panels that have to line up with tight gaps, parts that need to match your paint exactly, and anything that holds or sits in front of a sensor.
Many newer cars have radar and cameras behind the bumper, grille or windshield. CCC Intelligent Solutions' Crash Course 2026 report found that 28.3% of repairable estimates included an ADAS calibration, the step that re-aims those sensors after a repair. When a bumper cover or bracket changes, it can affect how those sensors see the road, so ask the shop how the part choice affects that work. Our post on whether to repair or replace a bumper covers more of this, and our bumper repair and auto paint pages explain how we handle fit and color.
Have an estimate with parts you're unsure about? Text a photo of it and the damage to 512-837-8174, or bring the car to 8415 N Lamar Blvd and we'll go over it with you during a free walk-in estimate.
Frequently asked questions
Can my insurance company put aftermarket parts on my car in Texas?
Yes, an insurer can write its estimate with aftermarket or used parts. The Texas Department of Insurance says insurers must pay for parts of like kind and quality and don't have to pay for OEM parts, so the OEM vs aftermarket parts choice often comes down to whether you pay the difference. You still have the right to choose which parts go on your car.
Are aftermarket parts safe to put on my car?
Quality varies by maker and by part. Many cosmetic aftermarket parts fit and work well, while parts that mount sensors or must line up with tight panel gaps deserve a closer look. Ask your shop what it recommends for each part on your estimate and why.
How can I find out which parts the shop actually used?
Ask the shop for an itemized invoice with part numbers and sources. Under Texas Insurance Code §1952.304, an insurer may not stop a repair shop from telling you the description, manufacturer or source of the parts, and the amounts the insurer was charged for parts and labor.
What does LKQ mean on my repair estimate?
LKQ stands for like kind and quality. On an estimate it usually marks a used or recycled original part taken from another vehicle. It's also the standard the Texas Department of Insurance says insurers must meet when paying for parts.
Does a new car automatically get OEM parts in Texas?
No. Texas has no law requiring OEM parts on new cars. Senate Bill 1083 in 2023 would have required OEM parts on cars owned 36 months or less, but it was left pending in a House committee and never became law. Your policy wording and the adjuster's estimate decide which parts are paid for.