Chapter 368

2003 -- S 0022 AS AMENDED

Enacted 07/17/03

AN ACT

RELATING TO MOTOR VEHICLE INSURANCE - MOTOR VEHICLE BODY

REPLACEMENT PARTS

Introduced By: Senators J Montalbano, Irons, Ruggerio, Celona, and McCaffrey

Date Introduced: January 14, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 27-10.2-1 of the General Laws in Chapter 27-10.2 entitled "Motor

Vehicle Body Replacement Parts" is 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.

     SECTION 2. 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 3. This act shall take effect upon passage.     

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LC00237

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