§ 27-10.2-2 - Aftermarket parts – Time limit prohibition.
SECTION 27-10.2-2
§ 27-10.2-2 Aftermarket parts – Timelimit prohibition. – (a) Whenever an insurance company, in adjusting a first party claim for motorvehicle physical damage, intends to specify the use of aftermarket parts, itshall notify the insured in writing. Any auto body repair shop conductingbusiness in the state of Rhode Island shall not use non-original equipmentmanufactured (OEM) parts, also referred to as aftermarket parts, in the repairof any person's automobile, without that person giving the repairer his or herexpress written consent.
(b) No insurance company may require the use of aftermarketparts when negotiating repairs with any repairer unless the repairer haswritten consent from the vehicle owner to install aftermarket parts. Theprovisions of this section shall apply only to automobiles which are less thanthirty (30) months beyond the date of manufacture.
(c) For any automobile which is less than thirty (30) monthsbeyond the date of manufacture, the insurer and the auto body repairs shop mustprovide a written notice to the vehicle owner that: (i) he or she may requirethe insurer to pay for and the auto body shop to install "original equipmentmanufacturer parts" or "OEM parts" in the repair of a motor vehicle bodyreplacement; or (ii) he or she may require the insurer to pay for and the autobody shop to install "non-original equipment manufacturer parts" (non-"OEMparts") in the repair of a motor vehicle body replacement. To comply with thisprovision, written notice may be provided on the appraisal written on behalf ofthe insurer and the estimate prepared by the auto body repair shop.