Chapter 298

2018 -- S 2679 SUBSTITUTE B Enacted 07/04/2018

A N   A C T

RELATING TO INSURANCE - MOTOR VEHICLE BODY REPLACEMENT PARTS

Introduced By: Senators Goodwin, Ruggerio, and McCaffrey

Date Introduced: March 20, 2018

It is enacted by the General Assembly as follows:

SECTION 1. Sections 27-10.2-1 and 27-10.2-2 of the General Laws in Chapter 27-10.2

entitled "Motor Vehicle Body Replacement Parts" are hereby amended to read as follows:

27-10.2-1. Definitions.

As used in this chapter:

(1) "Aftermarket part" means a motor vehicle body replacement part that is not an

original equipment manufacturer part; and

(2) "Original equipment manufacturer part" or "OEM part" means a motor vehicle body

replacement part manufactured by the manufacturer of the motor vehicle being repaired.

27-10.2-2. Aftermarket parts -- Time limit prohibition.

(a) Whenever an insurance company, in adjusting a first party claim for motor vehicle

physical damage, intends to specify the use of aftermarket parts, it shall notify the insured vehicle

owner in writing. Any auto body repair shop conducting business in the state of Rhode Island

shall not use non-original equipment manufactured (OEM) parts, also referred to as aftermarket

parts, in the repair of any person's automobile, without that person giving the repairer his or her

express written consent.

(b) No insurance company may require the use of aftermarket parts when negotiating

repairs with any repairer unless the repairer has written consent from the vehicle owner to install

aftermarket parts. The provisions of this section shall apply only to automobiles which that are

less than thirty (30) forty-eight (48) months beyond the date of manufacture.

(c) For any automobile which that is less than thirty (30) forty-eight (48) months beyond

the date of manufacture, the insurer and the auto body repairs shop must provide a written notice

to the vehicle owner that: (i) he He or she may require the insurer to pay for and the auto body

shop to install "original equipment manufacturer parts" or "OEM parts" in the repair of a motor

vehicle body replacement; or (ii) he He or she may require the insurer to pay for and the auto

body shop to install "non-original equipment manufacturer parts" (non-"OEM parts") in the repair

of a motor vehicle body replacement. To comply with this provision, written notice may be

provided on the appraisal written on behalf of the insurer and the estimate prepared by the auto

body repair shop.

(d) When "OEM part(s)" are used in the repair of a motor vehicle, no insurance company

may require any repairer to use repair procedures that are not in compliance with the

recommendations of the original equipment manufacturer.

(e) This chapter shall not apply to the repair or replacement of motor vehicle glass

performed by licensed motor vehicle glass repair shops pursuant to chapter 38.5 of title 5.

SECTION 2. This act shall take effect upon passage.

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LC005233/SUB B

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