SENATE AMENDED
PRIOR PRINTER'S NOS. 2401, 2443
PRINTER'S NO. 3002
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1638
Session of
2015
INTRODUCED BY TOBASH, PICKETT, DeLUCA, MILLARD, D. COSTA, COHEN,
BIZZARRO, HELM, A. HARRIS, LAWRENCE, ZIMMERMAN, READSHAW AND
SIMMONS, OCTOBER 20, 2015
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MARCH 21, 2016
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(b) and (c), (C) AND (E) 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] TO 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
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
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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 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.
* * *
(E) [EVERY APPRAISER SHALL PROMPTLY REINSPECT DAMAGED
VEHICLES PRIOR TO THE REPAIRS IN QUESTION WHEN SUPPLEMENTARY
ALLOWANCES ARE REQUESTED BY REPAIR SHOPS AND THE AMOUNT OR
EXTENT OF DAMAGES IS IN DISPUTE.] SUPPLEMENTAL REPAIR ESTIMATES
THAT BECOME NECESSARY AFTER THE REPAIR WORK HAS BEEN INITIATED
DUE TO DISCOVERY OF ADDITIONAL DAMAGE TO THE MOTOR VEHICLE MAY
BE MADE BY PERSONAL INSPECTION OR BY PHOTOGRAPHS, VIDEOS OR
TELEPHONIC MEANS, PROVIDED THAT IN THE CASE OF DISPUTED REPAIRS
A PERSONAL INSPECTION SHALL BE REQUIRED.
* * *
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Section 2. This act shall take effect in 60 days.
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