Can I make the insurance company repair my car with new OEM parts?

I am often asked if the insurance company has to repair a wrecked car with new OEM "Original Equipment Manufacturer" parts.  The short answer is probably no, unless the insurance policy requires it.  Florida law requires the parts to be of the same fit, quality and performance.  This technically provides 3 options: new OEM parts; used OEM parts; or non-OEM parts.  While the insurance company will argue that your 5 year old car doesn't deserve a brand new radiator, and if they can find a used 5 year old OEM radiator, putting it in your car places you back in the same situation you were in before the accident.  Your response to that argument should be to ask what guarantee they will give you that the replacement radiator is of the same fit, quality and performance as your old one?  If they want to use a non-OEM, generic or after-market part, whether new or used, you should ask the same question, then add these questions: Are these parts covered under my warranty?  Are these parts crash tested?  Are there any provisions for recalls based on saftey or performance, or non-performance of these parts?  Get an independent repair center to advise you if you can.  And do as much of this as possible in writing, so you have some evidence if things turn out badly after the repairs are completed.  The problem, and the big advantage the insurance companies have in this situation, is that most people need their cars back as soon as possible, and they know you might not have the time to fight with them since you need to get back to work.  As a St. Petersburg trial attorney I deal with wrecked cars all the time, and routinely put insurance companies on notice, in writing, that those repairs better live up to the insurance policy and the Florida statutes.