News

States right to choose laws

By rgadmin on June 11, 2015

Categories: Right to Choose

ALABAMA

*ALASKA – A claimant may not be required to travel unreasonably either to inspect a replacement motor vehicle, obtain a repair estimate, or have the motor vehicle repaired at a specific facility.

*ARIZONA – Insurers shall not require a claimant to travel unreasonably, either to inspect a replacement automobile, to obtain a repair estimate or to have the automobile repaired at a specific repair shop.

ARKANSAS

CALIFORNIA – No insurer shall require that an automobile be repaired at a specific repair shop or direct, suggest or recommend that an automobile be repaired at a specific repair shop. (1/93)

COLORADO – No insurance company shall require or permit that automobile glass work must be performed by a particular facility, individual, or business establishment as a condition of payment of a claim. (4/92)

CONNECTICUT – No insurance company shall require any insured to use a specific person for the provision of automobile physical damage repairs, automobile glass replacement, glass repair service or glass products unless otherwise agreed to in writing. (I 0/92)

DELAWARE – No insurance company shall require that automobile glass repair or replacement work must be performed by a particular facility, individual, or business establishment as a condition of payment of a claim. (3/94)

*FLORIDA – No insurer shall require a claimant to travel an unreasonable distance either to inspect a replacement automobile, or to obtain a repair estimate, or to have the automobile repaired at a specific repair shop.

HAWAII

IDAHO

*GEORGIA – No insurer shall represent to a person making a claim that the use of or the failure to use a particular repair facility may result in the nonpayment of a claim.

ILLINOIS – An insurer shall disclose to an insured, either orally or in writing, that the insured may freely choose an automobile glass repair or replacement facility.(9/92)

INDIANA

IOWA

KANSAS – Any insurance company may not require that a person use a particular company or location for providing motor vehicle glass replacement, glass repair services or glass products.(7/94)

KENTUCKY – An insurer shall not require any policyholder to use a particular company or location for the provision of automobile glass replacement or glass repair services.(7/92)

LOUISIANA – No insurer shall require that repairs be made to a motor vehicle, including window glass repairs or replacements, in a particular place or by a particular entity.(9/91 & 8/93)

MAINE – An insurer may not require that repairs to motor vehicle glass be made or not made in a specified place of business.(10/93)

MARYLAND – Any employee of an insurer may not require that appraisals or repairs be made in a specified repair shop or shops.(10/92)

MASSACHUSETTS – No insurer shall request or suggest that repairs be made in a specific repair shop.(I/82)

MICHIGAN

MINNESOTA – Unfair settlement practices include: requiring the repair of motor vehicle glass and related products and services be made in a particular place or by a particular entity, or by otherwise limiting the ability of insured to select the place, shop or entity to repair or replace the motor vehicle glass and related services.

MISSISSIPPI – No insurer may require that repairs to a damaged vehicle, including glass repairs or replacements, must be made by a particular contractor or motor vehicle repair shop.(7/89 & 7/92)

MISSOURI

MONTANA – An insurance company may not require or recommend that a person use a particular company or location for providing automobile glass replacement, glass repair services, or glass products. (4/93)

NEBRASKA – Unfair claims settlement practices are: requiring the insured to use a particular company or location for motor vehicle glass replacement or repair.(7/92)

*NEVADA – An insurer shall not require an insured to patronize any licensed body shop in this state in preference to another such business.

NEW HAMPSHIRE – The insurer shall not require that repairs be made in a particular place or shop or by a particular concern.(I/82 & 1/95 & 1/97)

*NEW JERSEY – Unless the insurer is exercising a right under the policy to repair damaged property, it shall not require as a condition to payment of claims that repairs be made by a particular contractor or repair shop.

NEW MEXICO

NEW YORK

NORTH CAROLINA – No insurance company shall recommend the use of a particular service or source for the repair of property damage without clearly informing the claimant that the claimant is under no obligation to use the recommended repair service.(10/93)

NORTH DAKOTA

OHIO

OKLAHOMA – An insurer shall not require a claimant to obtain motor vehicle repairs at a specific repair facility. (9/93)

*OREGON – An insurer shall not require that a particular person make the repairs to the insured’s motor vehicle as a condition for recovery by the insured under a motor vehicle liability insurance policy.

PENNSYLVANIA – No appraiser or his employer shall require that repairs be made in any specified repair shop.(1/73)

*RHODE ISLAND – No appraiser shall request that repairs be made in a specified auto body shop.

SOUTH CAROLINA

SOUTH DAKOTA – A right to choose law was enacted in 7/92, but Allstate sued the state claiming it was a violation of free speech and won. The law was ruled unconstitutional 10/94.

TENNESSEE TEXAS – By law, you have the right to select where your motor vehicle is repaired.(9/91 & 7/93)

*UTAH – Insurers shall not require a claimant to travel an unreasonable distance to inspect a replacement automobile, to obtain a repair estimate or to have the automobile repaired at a specific repair shop.

VERMONT – Unfair or Deceptive Acts are: failing to inform an insured of the right to choose freely any company or location for providing automobile glass services.(7/92)

VIRGINIA – No person shall require an insured to utilize a specified replacement or repair facility or service, or the products of a specified manufacturer.(7/92)

*WASHINGTON – Insurers shall not require a claimant to travel unreasonably either to inspect a replacement automobile, to obtain a repair estimate or to have the automobile repaired at a specific repair shop.

WEST VIRGINIA – No insurer may require any person to use a particular company or location to obtain automobile glass replacement or repair services.(5/92)

WISCONSIN – An insurer may not require the repair or replacement of motor vehicle glass obtain, services or parts from a particular vendor, or in a particular location, specified by the insurer.(5/92)

WYOMING

Please contact Rapid Glass if you are aware of any changes to this information.