Use of After-Market Parts to Repair Your Automobile
In New Hampshire, no insurer shall require the use of after-market parts to repair an automobile unless the after-market part is at least equal in the 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. (Ref. New Hampshire Statute RSA 407-D:1 III.)
There are certain instances when aftermarket part cannot be required. (Ref. New Hampshire Statute RSA 407-D:4, Insurance Department Rule Ins 1002.17 (e), and Insurance Department Bulletin 99-014-AB)
After-Market Parts may not be required by insurance companies in the repair of automobiles placed in service during the immediately preceding two (2) years, and which have 30,000 or fewer miles recorded on the odometer.
After-Market Parts may not be used on leased vehicles if the lease specifically provides that such parts will cause a diminution, or reduction, in the residual value of that vehicle.
After-Market Parts may not be required if the insurer fails to provide written disclosure, in at least 10-point font, that the parts used for the repair will be “at least equal in the kind and quality in terms of fit, quality, and performance to the original manufacturer parts they are replacing.”