ASA Direct Repair Survey

From: Subject: ASA Direct Repair Survey Date: Tue, 13 Feb 2007 07:35:02 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://web.archive.org/web/20030203112224/www.asashop.org/legis/drp/drp.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 =EF=BB=BF ASA Direct Repair Survey 3D"ASA

A=20 report prepared by the Automotive Service Association =C2=AE = (ASA).

The following report was completed by the Washington, = D.C.=20 Legislative Office of the Automotive Service Association in Spetember = 2000.=20
To compile the report, ASA contacted the State Attorney Generals = and=20 Departments of Insurance (or their state equivalents) in all 50 states = and the=20 District of Columbia. Additionally, ASA researched the Library of = Congress Law=20 Library and state law Internet sites. We believe the information to be = complete and accurate, but we welcome any comments or additions. = Comments may=20 be sent via e-mail to asainfo@asashop.org or by = calling (202)=20 543-1440.=20
Information is listed alphabetically, by state. =

	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? There are no statutes or = regulations=20 addressing this. Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = There=20 are no statutes or regulations addressing this. =
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No. However, as a matter = of=20 public policy we would insist that the insured retain the right = to have=20 his vehicle repaired at the facility of his choice. However, = that does=20 not mean that the insurer cannot set an amount for repair. If = the=20 insured wants a specific facility to make the repair, which is = more=20 expensive than the other estimates obtained by the insured, the = insured=20 pays the difference. Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No. It=20 is the decision of the insured.
	Does your state prohibit DRPs? Yes, under the Fair = Claims=20 Settlement Practices Regulations, California does have = regulations that=20 deal with the DRP issue. These regulations are contained on the=20 California Code of Regulations, Title 10, Chapter5, subchapter = 7.5, and=20 Section 2695.8 (e): Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes, please see the above. = While=20 there is a prohibition against =E2=80=9Crequiring=E2=80=9D, the = insurer can =E2=80=9Cdirect,=20 suggest or recommend=E2=80=9D that a specific facility be used = under certain=20 conditions. Does your state have regulations or DRP provisions for glass = replacement or repair only? No, there are no specific = regulations=20 dealing only with glass repair and replacement. However, the = regulation=20 above would still apply to glass repairs. Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes,=20 please see the above-cited regulation.
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? Yes. In Delaware an = insurance=20 company cannot direct a consumer to a particular repair shop. = The=20 insurance company can provide the consumer with a list of = body/repair=20 shops. The consumer does not have to use a shop listed, but may = have to=20 pay some costs out of pocket if using a shop not on the provided = list.=20 Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes. No insurance company = shall=20 require that automobile glass repair or replacement work must be = performed by a particular facility as a condition of payment of = claim.=20 Does your state have regulations or DRP provisions for glass = replacement or repair only? See answers to questions 1 and 2 = above.=20 Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No.=20 However, Delaware is currently drafting a regulation to require = such=20 disclosure.
	Does your state prohibit DRPs? No. However, the DRP must = be=20 included in the policy or by endorsement attached to the policy. = No=20 insurer may require a claimant to travel unreasonable distances = to a=20 repair facility. Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? While there is no statute = which=20 specifically prohibits an insurance company from requiring the = consumer=20 to have repairs done at a specific facility, the insurance = contract=20 itself states that the company agrees to pay for direct and = accidental=20 loss to a covered auto, and there is no limitation as to where = it must=20 be repaired. Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes. Failure to use a = particular=20 repair facility is not reason for nonpayment of claim by the = insurer.=20 Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes, Insurers must offer a = choice of=20 no less than two preferred repair providers to the claimant. Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No, the=20 secretary of state regulates repair facilities. =
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? Yes. State statute KSA = 40-2,155=20 states that any insurance company may not require that the = insured use a=20 particular company, intimidate or mislead the insured to use a=20 particular company, or pay more for vehicle glass replacement or = repair=20 services than the lowest prevailing market price. Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes, see the above statute. = Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes, see the above statute. Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes,=20 see the above statute.
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Missouri does not allow = this. Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? Yes, but allows insurers = to=20 provide an insured a list of repair facilities to those = companies or=20 locations that meet reasonable standards of quality, service, an = safety.=20 Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? The Department has approved = policy=20 language =E2=80=9CIf breakage of glass is caused by a collision, = the insured may=20 elect to have it considered a loss caused by collision=E2=80=9D. = Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? Laws are silent Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Laws are silent Does your state have regulations or DRP provisions for glass = replacement or repair only? Laws are silent Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Laws=20 are silent
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? Laws are silent Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? North Dakota's position is = the=20 consumer has the right to choose. Does your state have regulations or DRP provisions for glass = replacement or repair only? Laws are silent Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No- But=20 in lieu of the department's position companies must not coerce = consumers=20 into a specific shop but must give the consumer options. =
	Does your state prohibit DRPs? No laws Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No laws Does your state have regulations or DRP provisions for glass = replacement or repair only? No laws Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No laws=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? There are no specific = regulations for=20 glass replacement or repair. The commercial licensing section = does issue=20 separate licenses. Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Not specifically. The = department has=20 allowed automobile insurers to recommend specific repair = facilities to=20 consumers. However, it is the Department's opinion that = requiring=20 consumers to have repairs done at any specific facility = constitutes an=20 unfair claims practice by the insurer. Does your state have regulations or DRP provisions for glass = replacement or repair only? See above answer. Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = South=20 Carolina's insurance laws do not specifically address this = issue, and=20 the Department has not formally imposed such a notice = requirement on=20 insurers.
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? No, But insurers shall = not=20 require a claimant to travel an unreasonable distance to inspect = a=20 replacement automobile, to obtain a repair estimate or to have = the=20 automobile repaired at a specific repair shop. Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No, But when the insurer = elects to=20 repair and designates a specific repair shop for automobile = repairs, the=20 insurer shall cause the damaged automobile to be restored to its = condition prior to the loss at no additional cost to the = claimant other=20 than as stated in the policy and within a reasonable period of = time. Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No, but with qualifications. = Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No, but would handle on a = case by=20 case basis. Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Possibly, an undefined unfair trade practice- would handle on a = case by=20 case basis.
	Does your state prohibit DRPs? Yes Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = Yes=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? Yes Does your state have regulations or DRP provisions for glass = replacement or repair only? Yes Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20
	Does your state prohibit DRPs? No Does your state prohibit insurance companies from requiring = repairs=20 be done in specific facilities? No Does your state have regulations or DRP provisions for glass = replacement or repair only? No Does your state have regulations that require insurance = companies to=20 inform customers of their right to choose repair facilities? = No=20