| Last Action | to Banking & Insurance (H) |
|---|---|
| Title | AN ACT relating to motor vehicle repair claims. |
| Bill Documents |
Bill
|
| Bill Request Number | 851 |
| Sponsors | G. Tapp, J. Westwood |
| Summary of Original Version | 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. |
| Index Headings of Original Version |
Consumer Affairs - Motor vehicle repair claims, claimant's right to choose repair facility Insurance, Motor Vehicle - Repair claims, claimant's right to choose facility Motor Vehicles - Repair claims, claimant's right to choose facility Trade Practices and Retailing - Motor vehicle repair claims, claimant's right to choose facility Transportation - Motor vehicle repair claims, claimant's right to choose facility |
| Proposed Amendments | Senate Committee Substitute 1 |
| Votes | Vote History |
| 01/05/10 |
|
|---|---|
| 01/06/10 |
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| 03/16/10 |
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| 03/17/10 |
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| 03/18/10 |
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| 03/19/10 |
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| 03/22/10 |
|
| Amendment | Senate Committee Substitute 1 |
|---|---|
| Summary | Delete all provisions of original bill, except retain provisions which require insurers to inform claimants upon notification of a motor vehicle damage claim that the claimant has a right to choose their repair facility and provides that appraisals for motor vehicle damage claims must include a notice regarding claimants rights under this Act; create a new section of Subtitle 99 of KRS Chapter 304 to provide that persons violating this Act shall be subject to civil fines in an amount not less than $250 and not more than $5,000. |
| Index Headings |
Consumer Affairs - Motor vehicle repair claims, claimant's right to choose repair facility Insurance, Motor Vehicle - Repair claims, claimant's right to choose facility Motor Vehicles - Repair claims, claimant's right to choose facility Trade Practices and Retailing - Motor vehicle repair claims, claimant's right to choose facility Transportation - Motor vehicle repair claims, claimant's right to choose facility |
Last updated: 8/28/2019 7:34 AM (EDT)