Introduced

SB 775 - Under this act, an insurer shall inform a vehicle owner immediately on first contact that they have the right to choose the repair facility of their choice to repair their vehicle. The insurer shall halt any efforts to re-direct, refer or otherwise influence the vehicle owner in the choice of repair facility or program other than the repair facility chosen by the vehicle owner once the vehicle owner has stated they have chosen a repair facility.

The act provides that all claims paid by an insurer for motor vehicle damages shall be paid to the claimant by check, electronic transfer of funds or other means that provides the claimant or repair facility immediate access to the funds. Labor rates for motor vehicle damage repairs that are paid by insurers to claimants shall be based on the usual and customary repair rates.

A violation of this act by an insurer shall constitute an unfair trade practice.

Under the act, insurers or appraisers shall not require that repairs be made or not be made at a specific repair shop. Appraisal forms shall inform the claimant that he or she has the right to choose a repair facility to have his or her vehicle repaired.

The act requires damage appraisers to comply with certain conditions when preparing damage estimates on motor vehicles. For example, a damage appraiser must conduct a thorough inspection of the damage vehicle when preparing an estimate. Any person altering or changing a physical damage appraisal must be licensed to conduct business within Missouri.

This act is substantially similar to SB 709 (2007).

STEPHEN J. WITTE


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