Is cracked windshield against the law? Does your state cover windshield cracks? Can you drive a car with a cracked windshield in your state? Is it a NY state law to replace a broken windshield for free? Can you get a ticket for a cracked windshield? Will your car pass inspection with a broken windshield? Is it legal to sell a car with a broken windshield? Can you take a drivers test with a cracked windshield? Can you choose where repair is done? Is there a deductible? What are the requirements and eligibility, and the process for no deductible windshield replacement?
State Laws
We have collected state-by-state information from different sources on cracked windshields, windshield replacement, etc, and we hope you’ll find an answer to your question below.
Contents
Alabama
Alabama (AL) – Replacement parts must of like kind and quality, and the repair should restore the vehicle to its value before the loss. [Source]
Alaska
Alaska – Nothing unique to windshields. No information about OEM vs. aftermarket parts, or choice of repair shops.
Arizona
Arizona (AZ) – There is an optional “full glass” or “safety equipment” coverage that you can purchase, which pays for windshield repairs with no deductible. [Source] Aftermarket parts can be used, but the insurer must provide written notice that aftermarket parts are being used. [Source] You have right to choose who does repair [Source], and maybe whether it is replaced or repaired [accorind to http://www.suntecautoglass.com/faqs.htm].
Arkansas
Arkansas (AR) – Nothing unique to windshields. Insurers can use aftermarket parts, if they have a notice in their contract, and the parts are “at least equal in terms of fit, quality, performance, and warranty”. [Source: Arkansas Insurance Department] Insurers cannot require that the repair be done at a specific repair shop. [Source: R&R 43 § 10 c]
California
California (CA) – You may select where the repair is done. Consumer is entitled to an estimate, which must identify if parts are new/used/aftermarket/reconditioned/rebuilt. Aftermarket parts are only allowed if they are at least equal to the OEM parts (kind, quality, safety, fit, and performance) [source: section 2695.8(g) of Fair Claims Settlement Practices Regulations].
Colorado
Colorado (CO) – Nothing unique to windshields. No information about OEM vs. aftermarket parts, or choice of repair shops.
Connecticut
Connecticut (CT) – Has an optional “Full Glass Coverage” option that covers broken safety glass (including windshields) with no deductible. [Source: Connecicut Insurance Department] You can choose where to have your car repaired (but you may have to pay the cost difference). Connecticut allows insurers to use aftermarket parts, as well as used (“recycled”) parts, but must inform you in the estimate. [Source: Connecticut Insurance Department FAQ].
Delaware
Delaware (DE) – Nothing unique to windshields. You can choose where the repair is done (but may have to pay the difference in price). Aftermarket or used parts can be used in a repair, but you can insist on OEM parts (if you pay the difference). [Source: Delaware’s Insurance Commissioner’s Guide]
Florida
Florida (FL) – If you have comprehensive insurance, there is no deductible (no charge to you), per Florida Statute 627.7288. Insurance companies do not have to use OEM parts, but replacement parts must be “of same fit, quality and performance”.
Georgia
Georgia (GA) – An insurer may use aftermarket parts, just so long as they are listed on the estimate and the guarantee is also on the estimate. You have the option of using OEM parts, but you will have to pay the difference in price. You can choose where to have the repair done, but you may have to pay the difference between the cost where you want it done and where the insurance company would have the work done. [Source]
Hawaii
Hawaii (HI) – Nothing unique to windshields. Hawaii is a no-fault state. No information about OEM vs. aftermarket parts, or choice of repair shops.
Idaho
Idaho (ID) – Nothing unique to windshields. Insurers may use used parts, if they are “like kind and quality” (you can insist on OEM parts, but may have to pay the difference). [Source: Idaho Department of Insurance FAQ] Aftermarket crash parts may be used if mentioned in the estimate. [SOURCE: Idaho Code § 41-1328D].
Illinois
Illinois (IL) – Nothing unique to windshields. You can choose to use OEM parts, but may have to pay the difference. If aftermarket parts are used, the insurance company must inform you in writing, and this must appear on the estimate. [Source: 215 ILCS 5/155.29]
Indiana
Indiana (IN) – Nothing unique to windshields. For vehicles less than 5 years old, you can choose OEM, aftermarket, or used parts. [Source: IC 27-4-1.5-8]
Iowa
Iowa (IA) – Nothing unique to windshields. Aftermarket crash parts (specifically excluding windshields) may be used if they are “at least equal in kind and quality … in terms of fit, quality and performance, or that the part complies with federal safety standards”, if mentioned in the policy (you can insist on OEM parts, but may have to pay the difference). [Source: Iowa Adm Code 191-15.45(507B)]
Kansas
Kansas (KS) – Nothing unique to windshields. Insurers may only use aftermarket parts (defined as “sheet metal or plastic parts”) if they disclose this to the consumer on the estimate. [Source: K.S.A. 50-660] The insurer may use used or salvaged parts of “like kind and quality”. [Source: State of Kansas Department of Insurance FAQ] Note: It appears that insurers may insist on a specific repair shop! [Source: Kansas UNFAIR CLAIMS SETTLEMENT PRACTICES MODEL REGULATION Section 9] It also appears that consumers cannot insist on OEM parts, even if they are willing to pay the difference.
Kentucky
Kentucky (KY) – Nothing unique to windshields. You can choose where repairs are done, but may have to pay the difference. You can choose OEM parts, but may have to pay the difference. [Source: Kentucky Department of Insurance]
Louisiana
Louisiana (LA) – Nothing unique to windshields. Insurers may use non-OEM “aftermarket crash parts” if mentioned on the estimate. [Source: RS 51 § 2424] The maximum comprehensive deductible is $250. [Source: Louisiana Department of Insurance]
Maine
Maine (ME) – Nothing unique to windshields. Insurers can use aftermarket parts, or used parts (unless you are willing to pay the price difference). You may use the repair shop of your choice (but may have to pay the price difference). [Source: State of Maine Bureau of Insurance]
Maryland
Maryland (MD) – Nothing unique to windshields. An insurer may use aftermarket parts, if they are of “like kind and quality” (used parts are acceptable). A serparate endorsement may be purchased (prior to the loss) that requires the insurer to use OEM parts. You may use any repair shop of your choice (but you may have to pay the difference in price).[Source: Maryland Insurance Administrator Guide]
Massachusetts
Massachusetts (MA) – If you have comprehensive insurance, the repair/replace is either at no cost to you or there is a $100 deductible (only if you opted in to it), regardless of your normal comprehensive deductible. If your car has less than 20,000 miles (15,000 for policies from 2003 or earlier) you can have OEM parts.
Michigan
Michigan (MI) – Insurance companies ‘unreasonably restrict’ you from using a particular repair shop [Source: Section 500.2110b], although you may have to pay more if the cost is more than where the insurance company would have you go [Source]. Aftermarket parts can be requested (???) by the insurance company, but must be clearly identified on the estimate, and must have a notice on the estimate [Source: Section 257.1363].
Minnesota
Minnesota (MN) – Insurance companies are required to offer optional Full Glass Replacement coverage; if you have this, there is no cost for you to repair or replace a windshield. [Source: Minn. Statutes § 65B.134]
Insurers may use aftermarket parts for windshields (but not for any other part, although they can use used OEM parts). [Source: Minn. Statutes § 72A.201, subd 6, clause (7)] You can choose your own repair shop, but you may have to pay the difference. [Source: Minn. Statutes § 72A.201, subd 6, clause (7)]
Mississippi
Mississippi (MS) – Nothing unique to windshields. Insurers may require aftermarket parts, but the state discourages this practice. [Source: Mississippi Insurance Department] Aftermarket Crash Parts (“nonmechanical sheet metal or plastic parts”) may be used, if the insurer states so on the estimate. [Source: Mississippi Code of 1972 § 63-27-5] Insurers may not require the repair to be done at a specific repair shop, but the insurer may have to pay the difference. [Source: Mississippi Code of 1972 § 83-11-501]
Missouri
Missouri (MO) – Nothing unique to windshields. “After-market parts” may be used, if stated on the estimate, and the parts are “at least equal in like, kind and quality in terms of fit, quality and performance”. [Source: 20 CSR 100-1.050 2(D)2] Note: Insurer may designate a specific repair shop. [Source: 20 CSR 100-1.050 2(F)]
Montana
Montana (MT) – Nothing unique to windshields. Insurers may not require the use of a specific repair shop for windshield repairs. [Source: Sec 33-18-221 M.C.A.] No laws regarding OEM or aftermarket parts.
Nebraska
Nebraska (NE) – Nothing unique to windshields. Insurer may require the use of a specific repair shop. [Source: “Title 210 Chapter 60″009.04] No laws regarding OEM or aftermarket parts.
Nevada
Nevada (NV) – Nothing unique to windshields. An insurer may not require the use of a specific repair shop, but the consumer may have to pay the difference. [Source: NRS 690B.016 1] No laws regarding OEM or aftermarket parts.
New Hampshire
New Hampshire (NH) – Nothing unique to windshields. Insurers using aftermarket parts must disclose such in writing on the estimate. [Source: RSA 407-D:4] Aftermarket parts must be of like kind and quality [Source: RSA 407-D:3]. Consumers may choose a repair shop of their choice, and consumers may insist on OEM parts for vehicles less than 2 years old with less than 30,000 miles on them. [Source: State of New Hampshire Insurance Department Bulletin No. Ins. 99-014-AB
New Jersey
New Jersey (NJ) – Nothing unique to windshields; unknown if aftermarket parts are treated differently than OEM parts. The standard comprehensive deductible is $750.
New Mexico
New Mexico (NM) – Insurers may use aftermarket parts, if the quality is comparable to the manufacturer’s parts. [Source]
New York
New York (NY) – Insurers may offer policies with no deductible for glass. Aftermarket parts may be used if they are “equal or exceed the comparable OEM crash part in terms of fit, form, finish, quality and performance”, and if used must appear on the estimate. [Source: State of New York Insurance Department]
North Carolina
North Carolina (NC) – Aftermarket parts must be of “equal to the original parts in fit, quality, performance and warranty”, and the insurer must write on the estimate that they are using such parts. consumers may choose where the repairs are done. [Source: § 58-36-95]
North Dakota
North Dakota (ND) – Nothing unique to windshields. Insurers may use aftermarket parts, if “the quality is comparable to the manufacturer’s parts.” [Source: North Dakota Insurance Department]
Ohio
Ohio (OH) – Nothing unique to windshields. Insurers may use aftermarket parts, but you can specify that OEM parts are used (if you pay the price difference, or prove that the aftermarket parts are inferior). You have the right to choose where the shop that does the work. [Source: Ohio Department of Insurance Guide]
Oklahoma
Oklahoma (OK) – Nothing unique to windshields. Insurers may require a specific repair shop. [Source: 365:15-3-8 (g)]. Insurers may use “Aftermarket Crash Parts” (nonmechanical sheet metal or plastic parts), if mentioned on the estimate. [Source: OS §15-955].
Oregon
Oregon (OR) – Nothing unique to windshields. Insurers may use “aftermarket crash parts” (“sheet metal or plastic”), if it is “at least equivalent to the part being replaced”, which further is defined as “at least the same quality with respect to fit, finish, function and corrosion resistance”. [Source: ORS 746.287, 746.292] An insurer may not require a specific repair shop. [Source: ORS 746.280]
Pennsylvania
Pennsylvania (PA) – Nothing unique to windshields. You are not required to use any specific repair shop. [Source: Pennsylvania Insurance Department Website] No information about aftermarket parts.
Rhode Island
Rhode Island (RI) – Aftermarket parts may be used, but must be “at least equal in kind and quality” to the OEM parts. [Source: 27-10.2-3] If aftermarket parts are used on a car less than 30 months old, this must be specified in writing, and the consumer must give their consent, and the consumer must receive notice that they are entitled to OEM parts. [Source: 27-10.2-2]
South Carolina
South Carolina (SC) – There is no deductible for windshields for private passenger vehicles, if you have comprehensive insurance. [Source: South Carolina Department of Insurance FAQ; law here]
South Dakota
South Dakota (SD) – Nothing unique to windshields. Insurers may use “aftermarket crash parts” (“nonmechanical sheet metal or plastic parts”) if mentioned in the estimate. [Source: ] Insurers may not require a specific repair shop. [Source: SL 58-33-67]
Tennessee
Tennessee (TN) – Nothing unique to windshields. There do not appear to be any laws regarding choice of repair shop, or OEM vs. aftermarket parts.
Texas
Texas (TX) – Nothing unique to windshields. Insurers can use used and aftermarket parts in some cases, if the parts are “of like, kind, and quality” [sic]. [Source: Texas Department of Insurance] An insurer cannot require you to use a specific repair shop. [Source: Texas Department of Insurance]
Utah
Utah (UT) – You have the right to use a repair shop of your choice, but may have to pay the difference. [Source: Utah Insurance Department] Insurers may use “aftermarket crash parts” (“nonmechanical sheet metal or plastic parts”), but must disclose that they are doing so.[Source: UC 31A-22-319]
Vermont
Vermont (VT) – Nothing unique to windshields; insurers may use aftermarket or used parts, just so long as they are “like kind and quality”. You have the right to decide who does the repairs. [Source: Guide from Vermont Department of Banking, Insurance, Securities & Health Care Administration]
Virginia
Virginia (VA) – Nothing unique to windshields. Aftermarket parts can be used, if they are of “at least equal in like kind and quality in terms of fit, quality and performance”, and a statement appears on the estimate. [Source: VA §38.2-510 C]
Washington
Washington (WA) – Nothing unique to windshields. You may have your car repaired at a repair shop of your choice. Insurers can use aftermarket or used parts, if they are “like kind and quality”. You can insist on OEM or new parts, but may have to pay the difference. [Source: Washington State Office of the Insurance Commissioner]. No information on OEM/aftermarket parts or choice of repair location.
West Virginia
West Virginia (WV) – For cars less than 3 years old, insurers must use OEM replacement parts unless the consumer agrees in writing. [Source]
Wisconsin
Wisconsin (WI) – Insurers may use aftermarket parts. You can insist on OEM parts, but may have to pay the difference. [Source: State of Wisconsin Office of the Commissioner of Insurance] You may choose a repair shop of your choice, but may have to pay the difference. [Source: Same]
Wyoming
Wyoming (WY) – Nothing unique to windshields. No information on OEM/aftermarket parts or choice of repair location.
