TITLE XXXVII
INSURANCE

Chapter 407-D
AFTER MARKET PARTS

Section 407-D:1

    407-D:1 Definitions. –
In this chapter:
I. "Insurer" includes any person authorized to represent the insurer with respect to a claim who is acting within the scope of the person's authority.
II. "Non-original manufacturer" means any manufacturer other than the original manufacturer of the part.
III. "After market part" means sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.

Source. 1988, 176:2, eff. Jan. 1, 1989.

Section 407-D:2

    407-D:2 Identification. – All after market parts manufactured after January 1, 1989, shall carry sufficient permanent identification so as to identify its manufacturer. Such identification shall be accessible to the extent possible after installation.

Source. 1988, 176:2, eff. Jan. 1, 1989.

Section 407-D:3

    407-D:3 Like Kind and Quality. – No insurer shall require the use of after market parts in the repair of an automobile unless the after market part is at least equal in like kind and quality to the original part in terms of fit, quality and performance. Insurers specifying the use of after market parts shall consider the cost of any modifications which may become necessary when making the repair.

Source. 1988, 176:2, eff. Jan. 1, 1989.

Section 407-D:3-a

    407-D:3-a Limitation on the Use of After Market Parts. –
I. No insurer of private passenger automobiles shall require or specify the use of after market parts on:
(a) Vehicles that have been placed in service within the immediately preceding 2 years and that have 30,000 or fewer miles recorded on the odometer; or
(b) Leased vehicles if the lease provides that such parts will cause a diminution of the residual value of such vehicle.
II. In this section, "specify" includes writing repair estimates on the basis of the cost of after market parts or otherwise declining to pay for the cost of original equipment manufacturer replacement parts.

Source. 2016, 186:2, eff. Jan. 1, 2017.

Section 407-D:4

    407-D:4 Disclosure. –
I. The insurer shall disclose to the claimant in writing, either on the estimate or on a separate document attached to the estimate, the following information in no smaller print than 10 point type:
This estimate has been prepared based on the use of automobile parts not made by the original manufacturer. Parts used in the repair of your vehicle by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality, and performance to the original manufacturer parts they are replacing.
II. All after market parts installed on the vehicle shall be clearly identified on the estimate of such repair.
III. Any insurer who fails to provide the precise statement in paragraph I shall be prohibited from requesting or requiring the use of after market parts.

Source. 1988, 176:2. 2016, 186:1, eff. Jan. 1, 2017.

Section 407-D:5

    407-D:5 Enforcement. –
I. Any violation of this chapter by an insurer shall be deemed an unfair insurance trade practice under RSA 417. Insurers violating any provision of this chapter shall be subject to penalties under RSA 417:10.
II. Any violation of this chapter by a manufacturer shall be deemed an unfair or deceptive act or practice within the meaning of RSA 358-A:2 and may be enforced by the attorney general pursuant to RSA 358-A.

Source. 1988, 176:2, eff. Jan. 1, 1989.