2015 -- S 0780 | |
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LC001873 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2015 | |
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A N A C T | |
RELATING TO INSURANCE - MOTOR VEHICLE BODY REPLACEMENT PARTS | |
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Introduced By: Senators Goodwin, and Ruggerio | |
Date Introduced: April 01, 2015 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. The title of Chapter 27-10.2 of the General Laws entitled "MOTOR |
2 | VEHICLE BODY REPLACEMENT PARTS" is hereby amended to read as follows: |
3 | CHAPTER 10.2 |
4 | MOTOR VEHICLE BODY REPLACEMENT PARTS |
5 | CHAPTER 10.2 |
6 | MOTOR VEHICLE REPLACEMENT PARTS |
7 | SECTION 2. Sections 27-10.2-1 and 27-10.2-2 of the General Laws in Chapter 27-10.2 |
8 | entitled "Motor Vehicle Body Replacement Parts" are hereby amended to read as follows: |
9 | 27-10.2-1. Definitions. -- As used in this chapter: |
10 | (1) "Aftermarket part" means a motor vehicle body replacement part that is not an |
11 | original equipment manufacturer part; and |
12 | (2) "Original equipment manufacturer part" or "OEM part" means a motor vehicle body |
13 | replacement part manufactured by the manufacturer of the motor vehicle being repaired. |
14 | 27-10.2-2. Aftermarket parts -- Time limit prohibition. -- (a) Whenever an insurance |
15 | company, in adjusting a first party claim for motor vehicle physical damage, intends to specify |
16 | the use of aftermarket parts, it shall notify the insured in writing. Any auto body repair shop |
17 | conducting business in the state of Rhode Island shall not use non-original equipment |
18 | manufactured (OEM) parts, also referred to as aftermarket parts, in the repair of any person's |
19 | automobile, without that person giving the repairer his or her express written consent. |
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1 | (b) No insurance company may require the use of aftermarket parts when negotiating |
2 | repairs with any repairer unless the repairer has written consent from the vehicle owner to install |
3 | aftermarket parts. The provisions of this section shall apply only to automobiles which are less |
4 | than thirty (30) months beyond the date of manufacture. |
5 | (c) For any automobile which is less than thirty (30) months beyond the date of |
6 | manufacture, the insurer and the auto body repairs shop must provide a written notice to the |
7 | vehicle owner that: (i) he or she may require the insurer to pay for and the auto body shop to |
8 | install "original equipment manufacturer parts" or "OEM parts" in the repair of a motor vehicle |
9 | body replacement; or (ii) he or she may require the insurer to pay for and the auto body shop to |
10 | install "non-original equipment manufacturer parts" (non-"OEM parts") in the repair of a motor |
11 | vehicle body replacement. To comply with this provision, written notice may be provided on the |
12 | appraisal written on behalf of the insurer and the estimate prepared by the auto body repair shop. |
13 | SECTION 3. This act shall take effect upon passage. |
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LC001873 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO INSURANCE - MOTOR VEHICLE BODY REPLACEMENT PARTS | |
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1 | This act would amend the definition of the term "aftermarket part" to refer to all motor |
2 | vehicle replacement parts, and would amend the title of the chapter 10.2 to reference the change. |
3 | This act would take effect upon passage. |
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LC001873 | |
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