GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 18*

 
 
Short Title:	Motor Vehicle Repairs.	()	
Sponsors:	Senator Carpenter.	
Referred to:	Insurance & Consumer Protection.	
January 30, 2001

	A BILL TO BE ENTITLED
AN ACT TO PROHIBIT INSURANCE COMPANIES FROM ENCOURAGING INSURANCE CLAIMANTS TO OBTAIN MOTOR VEHICLE REPAIR SERVICES FROM PARTICULAR SOURCES.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 58‑3‑180 reads as rewritten:
"§ 58‑3‑180.  Motor vehicle repairs; selection by claimant.
(a)	A policy covering damage to a motor vehicle shall allow the claimant to select the repair service or source for the repair of the damage.
(a1)	No insurer or insurer representative shall recommend, or in any way encourage, a claimant use a particular motor vehicle repair service or source for the purpose of obtaining (i) an estimate of the cost of repairs to a damaged motor vehicle, or (ii) repair services to a damaged motor vehicle. No insurer or insurer representative shall inform the claimant that the insurer will guarantee repairs performed by one or more particular repair services or sources but not by other repair services or sources.
(b)	The amount determined by the insurer to be payable under a policy covering damage to a motor vehicle shall be paid regardless of the repair service or source selected by the claimant.
(c)	Any person who violates this section is subject to the applicable provisions of G.S. 58‑2‑70 and G.S. 58‑33‑45, provided that the maximum civil penalty that can be assessed under G.S. 58‑2‑70(d) for a violation of this section is two thousand dollars ($2,000).
(d)	As used in this section, 'insurer representative' includes an insurance agent, limited representative, broker, adjuster, and appraiser."
SECTION 2.  This act becomes effective October 1, 2001.