Chapter
313
2007 -- H 5799 SUBSTITUTE A
Enacted 07/06/07
A N A C T
RELATING
TO INSURANCE - MOTOR VEHICLE BODY REPLACEMENT PARTS
Introduced
By: Representatives Church, and Gablinske
Date
Introduced: March 01, 2007
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:
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 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, are less
than thirty (30) months beyond the date
of manufacture.
(c) For any
automobile which is less than thirty (30) months beyond the date of
manufacturer, the insurer and the auto body
repairs 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
body replacement; 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 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.
SECTION 2. This
act shall take effect on January 1, 2008.
=======
LC02176/SUB A/2
=======