| Introduced By: Representative Joseph Faria |
| Date Introduced: February 4, 1997 |
| Referred To: House Committee on Corporations |
It is enacted by the General Assembly as follows
SECTION 1. Sections 27-10.1-3 and 27-10.1-6 of the General Laws in Chapter 27-10.1 entitled "Motor Vehicle Damage Appraisers" are hereby amended to read as follows:
{DEL27-10.1-3. Independent status required. -- DEL}
{ADD 27-10.1-3. Fixed location -- Eligibility for licensing. -- ADD} {ADD Any
body repair shop, or motor vehicle repair shop, or new or used
automobile dealership shall be eligible for licensure under the
provisions of this chapter. ADD} All persons, partnerships, corporations,
or individuals engaged in the motor vehicle physical damage appraisal
business {ADD and any body repair shop, or motor vehicle repair shop, or
new or used automobile dealership licensed under this chapter ADD} shall
{DEL operate separate and apart from any body repair shop, motor vehicle
repair shop of new or used automobile dealership. Those so engaged
shall DEL} retain a permanent established address affording themselves to
the general public during normal business hours.
{ADD Notwithstanding any other provision of law, nothing contained in this chapter shall require any body repair shop, or motor vehicle repair shop, or new or used automobile dealership licensed under this chapter to maintain a separate address to conduct motor vehicle physical damage appraisals. ADD}
27-10.1-6. Conduct of motor vehicle damage appraisers. -- (a) Each appraiser, while engaged in appraisal duties, shall carry the license issued that appraiser by the department of business regulation and shall display it, upon request, to an owner whose vehicle is being inspected, to the auto body shop representative involved, or to any authorized representative of the department of business regulation.
(b) The appraiser shall leave a legible copy of his or her appraisal with the auto body shop selected to make the repairs, which appraisal shall contain the name of the insurance company ordering it, if any, the insurance file number, the number of the appraiser's license, and the proper identification number of the vehicle being inspected. All damage unrelated to the incident or accident that occasioned the appraisal of the vehicle, or old damage, shall be clearly indicated in the appraisal.
(c) The appraiser shall not obtain a competitive estimate from another auto body shop unless the owner of that other shop, or his or her authorized agent, has inspected the vehicle. No competitive estimate shall be obtained by the use of photographs, telephone calls, or in any manner other than a personal inspection.
{ADD This subsection shall not preclude the use of photographic, video, computer or other electronic means for the transmission to insurers by any body repair shop, or motor vehicle repair shop, or new or used automobile dealership of information related to automobile damage and the transmission of information by these means shall not be deemed to be a competitive estimate. ADD}
(d) No appraiser {ADD not affiliated with a licensee under chapter 38 of title 5 ADD} shall request that repairs be made in a specified auto body shop.
(e) Every appraiser shall reinspect damaged vehicles when supplementary allowances are requested by the auto body shops.
(f) No appraiser shall receive directly or indirectly any gratuity or other consideration in connection with his appraisal services from any person except his employer, or, if self-employed, his customers.
(f) No appraiser shall traffic in automobile salvage if it is obtained in any way as a result of appraisal services rendered by the appraiser.
(h) No appraiser shall obtain an estimate from an unlicensed automobile body repair shop nor shall any appraiser agree on a price for repairing a damaged motor vehicle with an unlicensed automobile body repair shop. Nothing herein contained shall be construed so as to preclude an appraiser from dealing with an entity not subject to the licensing provisions of section 5-38-4 of the general laws.
SECTION 2. This act shall take effect upon passage.
* * *
This act would allow autobody repair shops and new and used automobile dealers to operate as motor vehicle damage appraisers at their facilities.
This act would take effect upon passage.
