| Chapter 438 |
| 2024 -- H 7264 SUBSTITUTE A Enacted 06/29/2024 |
| A N A C T |
| RELATING TO INSURANCE -- MOTOR VEHICLE REPLACEMENT PARTS |
Introduced By: Representatives Corvese, Azzinaro, Kennedy, Noret, DeSimone, Baginski, Fellela, Slater, Shanley, and J. Brien |
| Date Introduced: January 24, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 27-10.2-2 of the General Laws in Chapter 27-10.2 entitled "Motor |
| Vehicle Replacement Parts" is hereby amended to read as follows: |
| 27-10.2-2. Aftermarket parts — Time limit prohibition. |
| (a) Whenever an insurance company, in adjusting a claim for motor vehicle physical |
| damage, intends to specify the use of aftermarket parts, it shall notify the 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 that are less than |
| forty-eight (48) months beyond the date of manufacture. |
| (c) No insurance company may refuse the use of OEM parts when negotiating repairs with |
| any repairer for automobiles that are greater than forty-eight (48) months and less than seventy-two |
| (72) months from the date of manufacture, provided the repairer has written consent from the |
| vehicle owner to install OEM parts. |
| (c)(d) For any automobile that is less than forty-eight (48) months beyond the date of |
| manufacture, the insurer and the auto body repair shop must provide a written notice to the vehicle |
| owner that: (i) 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; or (ii) 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. 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)(e) 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)(f) 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 on October 1, 2024. |
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| LC004397/SUB A |
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