The commissioner shall consider as prima facie violative of G.S. 58‑63‑15(11) the failure by an insurer to adhere to the following procedures concerning repair estimates on covered motor vehicle damage claims submitted when such failure is so frequent as to indicate a general business practice:

(1)        If the insurer requires the claimant to obtain more than two estimates of property damage, the cost, if any, of such additional estimates shall be borne by the insurer.

(2)        No insurer shall refuse to inspect the damaged vehicle if a personal inspection is requested by the claimant.  However, if the damaged vehicle is situated other than where it is normally used or cannot easily be moved, the insurer may satisfy the requirements of this Section by having a competent local appraiser inspect the damaged vehicle.

(3)        When the insurer elects to have the claimant's property repaired, the insurer shall, if so requested by the claimant, furnish the claimant with a legible front and back copy of its estimate.  This estimate shall contain the name and address of the insurer and, if the estimate was prepared by a repair service, the name and address of that service.  If there is a dispute concerning pre‑existing damage to the vehicle which the insurer does not intend to have repaired, the extent of such damage shall be clearly stated in the estimate.

(4)        If requested by a claimant, an insurer shall provide to the claimant copies of the estimate and all supplements thereto that it uses to offer a settlement.


History Note:        Authority G.S. 58‑2‑40; 58‑63‑65;

Eff. December 15, 1979;

Amended Eff. April 1, 1993; April 1, 1989.