BILL NUMBER: AB 1179	CHAPTERED
	BILL TEXT

	CHAPTER  141
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JUNE 24, 2009
	PASSED THE ASSEMBLY  APRIL 30, 2009
	AMENDED IN ASSEMBLY  APRIL 27, 2009

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 27, 2009

   An act to amend Section 1874.87 of the Insurance Code, relating to
motor vehicle insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1179, Jones. Motor vehicle insurance: damage assessments.
   Existing law generally regulates the conduct of motor vehicle
insurers relative to insureds or claimants. Under existing law,
insurers are required to provide each insured with an Auto Body
Repair Consumer Bill of Rights containing specified information
relating to the rights of insureds relative to covered auto body
repairs.
   This bill would require that information regarding a consumer's
right to seek and obtain an independent repair estimate directly from
a registered auto body repair shop for repair of a damaged vehicle,
even when pursuing an insurance claim for repair of that vehicle, be
included in the Auto Body Repair Consumer Bill of Rights.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1874.87 of the Insurance Code is amended to
read:
   1874.87.  (a) Each insurer subject to this article shall provide
each insured with an Auto Body Repair Consumer Bill of Rights either
at the time of application for an automobile insurance policy or
following an accident that is reported to the insurer. If the insurer
provides the insured with an electronic copy of a policy, the bill
of rights may also be transmitted electronically.
   (b) The bill of rights shall be a standardized form developed by
the department with the purpose of presenting easy-to-read facts for
auto insurance consumers. The content of the bill of rights shall be
determined by the department, and at a minimum, shall contain
information about all of the following:
   (1) A consumer's right to select an auto body repair shop for auto
body damage covered by the insurance policy and that an insurer may
not require this work to be done at a particular auto body repair
shop.
   (2) The consumer's right to be informed about auto body repairs
made with new original equipment crash parts, new aftermarket crash
parts, and used crash parts.
   (3) The consumer's right to be informed about coverage for towing
services, and for a replacement rental vehicle while a damaged
vehicle is being repaired.
   (4) Toll-free telephone numbers and Internet addresses for
reporting suspected fraud or other complaints and concerns about auto
body repair shops to the Bureau of Automotive Repair.
   (5) A consumer's right to seek and obtain an independent repair
estimate directly from a registered auto body repair shop for repair
of a damaged vehicle, even when pursuing an insurance claim for
repair of that vehicle.
   (c) The department shall consult with the Bureau of Automotive
Repair in determining the information to be contained in the bill of
rights.