New Hampshire Bill Addresses OEM Parts, Excludes Glass Shops

March 19, 2019

A bill is under review in the New Hampshire legislature that addresses OEM parts and procedures, including calibration, as it relates to insurer payment of claims.

The bill, H 664, aims to add the following text to New Hampshire’s RSA 407-D:

“Insurers shall pay a claim to the claimant or repairer based upon the repairer’s utilization of repair procedures or specifications that conform to the original equipment manufacturer’s recommended procedures, specifications, or allowable tolerances of such vehicle year, make, model, and trim level. If the repair procedure or specification from an original equipment manufacturer includes a directive to conduct a scan, calibration, or diagnostic test of a vehicle’s electronics systems before or after the commencement of repairs, such directive shall be considered as a required part of the repair procedure. The insurer shall reimburse the repairer if the repairer follows the directive.

The bill was introduced in January and referred to the Commerce and Consumer Affairs Committee. On March 13, the committee voted “ought to pass” with an amendment that excludes glass shops from the legislation, as follows:

“This section shall not apply to vehicle glass repair and replacement services including, but not limited to, the calibration of Advanced Driver Assistance System (ADAS), when done by an automobile glass company. The company shall notify their customer after repair whether calibration has been performed.”

Click here for the full text of the current, amended version of H 664 as passed by the committee.

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