HB 186 (BR 496) - J. Wayne, T. Riner, A. Webb-Edgington
AN ACT relating to motor vehicle repair claims.
Create a new section of Subtitle 12 of KRS Chapter 304 to define "claimant," "deceptive referral," "request or require," and "free market rate"; require an insurer to inform a claimant upon initial notification of a claim that the claimant has the right to choose the repair facility for repair of a damaged vehicle; prohibit an insurer from steering a claimant to use a specific person or business for motor vehicle repairs; prohibit an insurer from engaging in deceptive referral practices; prohibit an insurer or appraiser from steering a claimant to use a specified facility for appraisals or repairs; require all appraisals to contain a notice regarding the provisions of this section; require evidence of proof of financial responsibility or security regarding motor vehicles to contain a statement regarding an insured's right to choose a repair facility; require appraisers of motor vehicle damage claims to conduct a physical visual inspection of the vehicle and to leave an estimate of the damages with the repair facility; prohibit the alteration of an estimate of physical repair damage other than by an original appraiser; require the labor rate for damages paid to be based on the free market rate; require all claims to be paid within 30 days of notice of the claim and establish penalties for violations of this requirement; amend KRS 304.99-110 to establish a penalty for a violation of the section's provisions.
Jan 5-introduced in House
Jan 6-to Banking & Insurance (H)