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Can they, as other have mentioned, probably yes. Some policies state that they will return the vehicle to it's pre-accident condition. Several insurance companies were sued over this (USAA, Nationwide, State Farm, etc) as they were using after market parts. The complaint was that this could not equal the same vehicle as there has to be a difference between OEM and after market parts (keep in mind that Like, Kind and Quality (LKQ) parts _can_ be the same as OEM parts). Many other policies don't have this exact wording and instead state that "repairs" will be made. Your policy wording will be the bases as to whether or not OEM parts will be used. But something that is also considered _is_ the age of the vehicle. Many 2006 aftermarket parts won't be available for your vehicle. In addition, many insurance companies will use OEM parts on such a new vehicle.I was involved in an Accident and which was my fault and I have a 2006 Nissan Pathfinder with less than 10,000 miles and my insurance carrier wont pay for OEM parts. They said they only will pay for aftermarket parts. Can they do that?