Bill A00184:
Summary:
To require disclosure to motor vehicle owners of information on
certain replacement crash parts for repairs to their motor vehicles
and to prevent both motor vehicle repair shops and insurance companies
from requiring the use of aftermarket parts for repair unless the
owner of the vehicle consents in writing at the time of the repair.
To learn more about this bill click here
This bill was referred to the Department of Transportation
Bill A00560
Summary:
At present, the collision or comprehensive claims
negotiation process between the insurer and the repairmen, who in most
cases represents the consumer having been appointed as his "designated
representatives" as per the applicable Insurance Law regulation, are
conducted on less than equal footing with the insurer enjoying a
substantial bargaining position advantage due to its size, financial
resource and ability to exert influence or both the consumer and the
repair process. Insurers in many instances force consumers to accept,
in settlement of claims, sums far less than sufficient to restore the
damaged vehicle to pre-loss condition. Insurers in these situations
often adopt to a "take it or leave it" position requiring the consumer
to accept the insufficient sum or incur substantial time and expense
in pursuing available legal remedies. This legislation would simply
require insurers to negotiate in good faith on ALL items necessary
to repair the vehicle, including hourly labor rate, which insurers
steadfastly refuse to negotiate on while paying labor rates which are
determined by insurers, who have a direct interest in settling claims
as cheaply as possible.
When insurers are permitted to pay less than a sum which is sufficient
to properly repair a vehicle, the consumer is harmed by being denied
the benefits of his insurance contract and is forced to accept a
vehicle which is returned to him/her in less than pre-loss condition.
Further, improper and unsafe repairs often result from this situation
as the repairer is forced to "cut corners" and repair the car on the
less than sufficient sum paid by the insurer.
This bill would merely attempt to place the consumer (through his
designated representative, the repairer) on a more than equal footing
with the insurer by requiring the insurer to conduct negotiations in
good faith and offer sufficient monies to properly and safely repair
the vehicle, in accordance with its obligations under the insurance
contract.
To learn more about the bill click here
This bill was referred to the Department of Insurance
