New York State is the latest to see legislation introduced that would require the collision repair industry to follow OEM repair procedures and auto insurers would have to pay for them. New York Assembly Bill 8050 (AB 8050), introduced on 31st May 31, proposes amendments to both New York’s vehicle and traffic law, as well as insurance law.
The Assembly bill would require collision repair facilities and insurance companies to comply with guidelines and service bulletins issued by vehicle manufacturers.
AB 8050 would amend Section 1. Section 398-d of the vehicle and traffic law by adding a new subdivision (8) that states:
Notwithstanding any provision of law to the contrary, no motor vehicle repair shop shall deviate from the collision repair guidelines, procedures, recommendations and service bulletins issued by a vehicle or original equipment manufacturer in the repair of a collision damaged vehicle without the written authorisation from the vehicle owner or the vehicle owner’s authorised representative.
The bill would also amend of section 3411 of New York’s insurance law by adding a new subsection (n) that states:
No insurer shall directly or indirectly require the deviation from the collision repair guidelines, procedures, recommendations and service bulletins issued by a vehicle or original equipment manufacturer in the repair of a collision damaged vehicle without the written authorisation from the vehicle owner or the vehicle owner’s representative. If a repair procedure or specification from a vehicle or original equipment manufacturer includes a directive to conduct a scan, calibration, diagnostic test of vehicle electronic systems before or after the commencement of repairs, such directive shall be considered as a required part of the repair procedure.
The existing subsection that outlines fines for violations of the insurance law would remain and be redesignated.
The legislation has been referred to the Assembly Committee on Insurance.
This article courtesy of Russell Thrall III, publisher CollisionWeek. Check out their website at: www.collisionweek.com.