SECTIONS 1874.85-1874.87 - California Statutes

INSURANCE CODE

SECTION 1874.85-1874.87

1874.85. An insurer that issues automobile liability or collision
policies shall inspect vehicles for which it has approved a claim for
the cost of auto body repairs, either during the repair process or
after the work has been completed, and the number of vehicles
inspected shall be a statistical sampling sufficient to demonstrate
to the department the insurer's efforts to reduce fraudulent auto
body work during a calendar year.

1874.86. Each insurer subject to this article shall report, at the
request of the commissioner, but not more than annually, to the
department on the following:
(a) The number of vehicles inspected pursuant to Section 1874.85
and the percentage that this number represents of the total number of
vehicles for which it paid a claim for the cost of auto body repairs
in the prior calendar year.
(b) The results of the inspections, including the nature of any
fraud uncovered, and whether or not legal action was pursued.
The department shall make the information provided pursuant to
this section available to the California Highway Patrol and the
Bureau of Automotive Repair.

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.