Chapter 239

2003 -- H 6066

Enacted 07/17/03

AN ACT

RELATING TO MOTOR VEHICLE INSURANCE - MOTOR VEHICLE BODY

REPLACEMENT PARTS

Introduced By: Representatives Kilmartin, Long, Schadone, Palumbo, and Moura

Date Introduced: February 12, 2003    

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 27-10.2 of the General Laws entitled "Motor Vehicle Body

Replacement Parts" is hereby amended by adding thereto the following section:

27-10.2-3. Standards for use of aftermarket parts. - - (a) Whenever aftermarket parts

are used for repairs to physically damaged motor vehicles, the following standards shall apply:

(1) The aftermarket parts shall be at least equal in kind and quality to the OEM parts in

terms of fit, quality and performance;

(2) To the extent practical, an insurance company shall not require the use of multiple

aftermarket parts distributors to provide parts for a single repair;

(3) Insurers specifying the use of aftermarket parts shall make allowances for the

reasonable cost of any modifications to the aftermarket parts which may become necessary when

making the repair, and for the cost of fitting, removing, and/or handling aftermarket parts which

do not result in the vehicle being repaired to its condition prior to the loss;

(4) If the aftermarket part specified by the insurer does not result in the vehicle being

repaired to its condition prior to the loss, the insurer shall then specify the use of an OEM part;

(5) The automobile body shop shall promptly notify the appraiser if the aftermarket part

specified by the insurer does not result in the vehicle being repaired to its condition prior to the

loss and permit the appraiser to reinspect the vehicle and make appropriate supplemental

authorizations, if necessary;

(6) The automobile body shop shall provide documentation of aftermarket parts, which

do not meet the requirements of this section, as reasonably requested by the insurer. The insurer

shall be permitted to exercise any available rights of recovery against the aftermarket parts

distributor.

     SECTION 2. This act shall take effect upon passage.     

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LC01802

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