PRIOR PRINTER'S NO. 2401
PRINTER'S NO. 2443
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1638
Session of
2015
INTRODUCED BY TOBASH, PICKETT, DeLUCA, MILLARD, D. COSTA,
DRISCOLL, COHEN, DAVIS, BIZZARRO, HELM, A. HARRIS, LAWRENCE,
ZIMMERMAN, READSHAW AND SIMMONS, OCTOBER 20, 2015
AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 26, 2015
AN ACT
Amending the act of December 29, 1972 (P.L.1713, No.367),
entitled "An act concerning motor vehicle physical damage
appraisers; providing for the licensing of persons engaged in
appraising physical damages to motor vehicles; fixing fees
and prescribing unlawful acts and penalties," further
providing for compliance with act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 11(c) of the act of December 29, 1972
(P.L.1713, No.367), known as the Motor Vehicle Physical Damage
Appraiser Act, is amended to read:
SECTION 1. SECTION 11(B) AND (C) OF THE ACT OF DECEMBER 29,
1972 (P.L.1713, NO.367), KNOWN AS THE MOTOR VEHICLE PHYSICAL
DAMAGE APPRAISER ACT, ARE AMENDED TO READ:
Section 11. Compliance with Act.--* * *
(B) THE APPRAISER SHALL [LEAVE] FURNISH A LEGIBLE COPY OF
HIS APPRAISAL WITH [THAT OF] THE REPAIR SHOP SELECTED BY THE
CONSUMER TO MAKE THE REPAIRS AND ALSO FURNISH A COPY TO THE
OWNER OF THE VEHICLE. THIS APPRAISAL SHALL CONTAIN THE NAME OF
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THE INSURANCE COMPANY ORDERING IT, IF ANY, THE INSURANCE FILE
NUMBER, THE NUMBER OF THE APPRAISER'S LICENSE AND THE PROPER
IDENTIFICATION NUMBER OF THE VEHICLE BEING INSPECTED. ALL
UNRELATED OR OLD DAMAGE SHOULD BE CLEARLY INDICATED ON THE
APPRAISAL WHICH SHALL INCLUDE AN ITEMIZED LISTING OF ALL
DAMAGES, SPECIFYING THOSE PARTS TO BE REPLACED OR REPAIRED.
BECAUSE AN APPRAISER IS CHARGED WITH A HIGH DEGREE OF REGARD FOR
THE PUBLIC SAFETY, THE OPERATIONAL SAFETY OF THE VEHICLE SHALL
BE PARAMOUNT IN CONSIDERING THE SPECIFICATION OF NEW PARTS. THIS
CONSIDERATION IS VITALLY IMPORTANT WHERE THE PARTS INVOLVED
PERTAIN TO THE DRIVE TRAIN, STEERING GEAR, SUSPENSION UNITS,
BRAKE SYSTEM OR TIRES.
(c) [No appraiser shall secure or use repair estimates that
have been obtained by the use of photographs, telephone calls or
in any manner other than a personal inspection.] An appraiser
may prepare a repair estimate obtained by personal inspection or
by photographs, videos or telephonic means. An appraiser may not
require the owner of a vehicle to submit SUBMISSION OF
photographs or videos in order to obtain an appraisal. AN
APPRAISER, OR AN INSURER AS PART OF THE APPRAISAL PROCESS, SHALL
DISCLOSE TO THE OWNER OF THE VEHICLE THAT THERE IS NO
REQUIREMENT TO SUBMIT PHOTOGRAPHS OR VIDEOS IN ORDER TO OBTAIN
AN APPRAISAL.
* * *
Section 2. This act shall take effect in 60 days.
20150HB1638PN2443 - 2 -
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