(2) Before commencing repair work and upon the request of any customer, a motor vehicle body and frame repair shop shall make an estimate in writing of the parts and labor necessary for the repair work, and shall not charge for the work done or parts supplied in excess of the estimate without the consent of such customer.
(3)(a) If crash parts to be used in the repair work are supplied by the original equipment manufacturer, the parts shall be accompanied by a warranty that guarantees the customer that the parts meet or exceed standards used in manufacturing the original equipment.
(b) If crash parts to be used in the repair work are not supplied by the original equipment manufacturer, the estimate shall include a statement that says:
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This estimate has been prepared based on the use of a motor vehicle crash part not made by the original equipment manufacturer. The use of a motor vehicle crash part not made by the original equipment manufacturer may invalidate any remaining warranties of the original equipment manufacturer on that motor vehicle part. The person who prepared this estimate will provide a copy of the part warranty for crash parts not made by the original equipment manufacturer for comparison purposes.
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(4) No motor vehicle body and frame shop may:
(a) Supply or install used parts, or any component system composed of new and used parts, when new parts or component systems are or were to be supplied or installed.
(b) Supply or install, without the owner’s consent, any aftermarket crash part unless the part has been certified by an independent test facility to be at least equivalent to the part being replaced. For purposes of this paragraph, an aftermarket crash part is at least equivalent to the part being replaced if the aftermarket crash part is the same kind of part and is at least the same quality with respect to fit, finish, function and corrosion resistance.
(c) Charge for repairs not actually performed, or add the cost of repairs not actually to be performed to any repair estimate.
(d) Refuse any insurer, or its insured, or their agents or employees, reasonable access to any repair facility for the purpose of inspecting or reinspecting the damaged vehicle during usual business hours.
(5) As used in ORS 746.287 and this section, "aftermarket crash part" means a motor vehicle replacement part, sheet metal or plastic, that constitutes the visible exterior of the vehicle, including an inner or outer panel, is generally repaired or replaced as the result of a collision and is not supplied by the original equipment manufacturer. [1977 c.785 §5; 1987 c.622 §1]
Note: See note under 746.275.
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Section 746.005 - Trade practices exempted from prohibitions.
Section 746.015 - Discrimination; noncompliance; hearing.
Section 746.021 - Discrimination under health benefit plans.
Section 746.045 - Prohibition on rebates; exceptions; rules.
Section 746.065 - Personal or controlled insurance.
Section 746.075 - Misrepresentation generally.
Section 746.115 - Advertisements in languages other than English.
Section 746.125 - Limitation on coverage of eye care services.
Section 746.135 - Genetic tests and information; rules.
Section 746.147 - Workers’ compensation insurance; quoting premiums.
Section 746.160 - Practices injurious to free competition.
Section 746.213 - Definitions for ORS 746.213 to 746.219.
Section 746.217 - Disclosures to customers.
Section 746.219 - Investigatory powers.
Section 746.230 - Unfair claim settlement practices.
Section 746.260 - Driving record not to be considered in issuance of motor vehicle insurance.
Section 746.265 - Purposes for which abstract of nonemployment driving record may be considered.
Section 746.275 - Definitions for ORS 746.275 to 746.300.
Section 746.285 - Notice of prohibition in motor vehicle repair shops; size; location.
Section 746.287 - Insurer requirement of installation of aftermarket crash part in vehicle.
Section 746.289 - Insurer offer of crash part warranty.
Section 746.290 - Notice of prohibition in policies and by adjusters.
Section 746.292 - Motor vehicle repair shops; invoices; estimates; warranties; prohibited practices.
Section 746.300 - Liability of insurers and motor vehicle repair shops for damages; attorney fees.
Section 746.308 - Violation of provisions regarding totaled vehicles as violation of Insurance Code.
Section 746.360 - Exceptions to application of unauthorized insurer service of process law.
Section 746.405 - Definitions for ORS 746.405 to 746.530.
Section 746.425 - Applicability of ORS 746.405 to 746.530.
Section 746.465 - Records required of premium finance companies; form; inspection.
Section 746.475 - Premium finance agreements; contents; form; delivery; notice to insurer.
Section 746.495 - Delinquency charges regulated.
Section 746.515 - Return of unearned premiums on cancellation.
Section 746.600 - Definitions for ORS 746.600 to 746.690.
Section 746.606 - Information privacy standards for health insurers.
Section 746.607 - Use and disclosure of personal information.
Section 746.610 - Application of ORS 746.600 to 746.690.
Section 746.611 - Personal representative of deceased person.
Section 746.620 - Notice of insurance information practices; exceptions; rules.
Section 746.630 - Authorization for disclosure of certain information; forms; revocation.
Section 746.632 - Genetic information used for treatment; authorization; disclosure.
Section 746.635 - Investigative consumer reports.
Section 746.640 - Access to recorded personal information.
Section 746.645 - Correction, amendment or deletion of recorded personal information.
Section 746.650 - Reasons for adverse underwriting decisions.
Section 746.660 - Basing adverse underwriting decision on previous adverse decision.
Section 746.661 - Use of credit history or insurance score.
Section 746.662 - Filing of insurance scoring models.
Section 746.665 - Limitations and conditions on disclosure of certain information.
Section 746.670 - Investigatory powers.
Section 746.687 - Cancellation of homeowner insurance policy.
Section 746.688 - Use of loss history reports; notice to consumer.