§ 27-4-1.5-8 — Insurer notice to insured; body parts to be used in repair

Indiana § 27-4-1.5-8

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 4: UNFAIR COMPETITION; UNAUTHORIZED
• Ch. 1.5: Auto Repair Claims Settlement

Text

(a) An insurer that is obligated to pay at least
part of the cost of repairing the exterior of a motor vehicle under an
insurance policy issued by the insurer may not direct a body shop to
repair the motor vehicle until the insurer has presented the insured with
a written notice that meets the requirements set forth in subsections (b)
and (c).
(b) An insurer described in subsection (a) shall present the insured
with a written notice that does the following:
(1) Informs the insured that the insured has a right to approve the
type of body parts to be used in the repair of the motor vehicle.
(2) Gives the insured an opportunity, in approving the type of
body parts to be used in the repair of the motor vehicle, to select
from among the following:
(A) New body parts manufactured by or for the manufacturer of
the motor vehicle.
(B) New body parts that were not manufactured by or for the
manufacturer of the motor vehicle.
(C) Used body parts.
(c) An insurer described in subsection (a) shall give the insured an
opportunity to indicate in writing the type of body part that the insured
approves for use in the repair of the motor vehicle.
(d) This section applies only in the five (5) years after the model
year of the motor vehicle.

Legislative History

As added by P.L.194-1991, SEC.2.