2007 -- S 0516 SUBSTITUTE A
A N A C T
RELATING TO INSURANCE - MOTOR VEHICLE BODY REPLACEMENT PARTS
Introduced By: Senator Kevin A. Breene
Date Introduced: February 15, 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.