§ 27-10.2-2. Aftermarket parts — Time limit prohibition.
(a) Whenever an insurance company, in adjusting a claim for motor vehicle physical damage, intends to specify the use of aftermarket parts, it shall notify the vehicle owner 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 that are less than forty-eight (48) months beyond the date of manufacture.
(c) No insurance company may refuse the use of OEM parts when negotiating repairs with any repairer for automobiles that are greater than forty-eight (48) months and less than seventy-two (72) months from the date of manufacture, provided the repairer has written consent from the vehicle owner to install OEM parts.
(d) For any automobile that is less than forty-eight (48) months beyond the date of manufacture, the insurer and the auto body repair 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; 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. 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.
(e) When “OEM part(s)” are used in the repair of a motor vehicle, no insurance company may require any repairer to use repair procedures that are not in compliance with the recommendations of the original equipment manufacturer.
(f) This chapter shall not apply to the repair or replacement of motor vehicle glass performed by licensed motor vehicle glass repair shops pursuant to chapter 38.5 of title 5.
History of Section.
P.L. 1987, ch. 338, § 1; P.L. 1994, ch. 116, § 1; P.L. 2006, ch. 621, § 1; P.L. 2007,
ch. 313, § 1; P.L. 2007, ch. 418, § 1; P.L. 2008, ch. 475, § 6; P.L. 2018, ch. 298,
§ 1; P.L. 2018, ch. 321, § 1; P.L. 2024, ch. 416, § 1, effective October 1, 2024;
P.L. 2024, ch. 438, § 1, effective October 1, 2024.