CHAPTER 116

94-H 9214 am

Approved Jul. 1, 1994.

AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- AUTOMOBILE BODY REPAIR SHOPS

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 Body Replacement Parts" is hereby amended to read as follows:

{ADD 27-10.2-2. ADD} {DEL Notice required DEL} {ADD Aftermarket parts -- Time limit prohibition. -- ADD} 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 so notify the insured in writing. {DEL The notice shall identify the manufacturer and country of manufacture of the proposed aftermarket parts and shall set forth the cost of the proposed aftermarket parts, the cost of the comparable OEM parts, the total cost to repair using the proposed aftermarket parts, and the total cost to repair using OEM parts. The notice shall be given immediately after the damage to the motor vehicle is appraised and before the insurer enters into an agreement with the insured concerning the repair of the vehicle. DEL} {ADD 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.

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 are less than thirty (30) months beyond date of manufacture. ADD}

SECTION 2. This act shall take effect upon passage.



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