PETITION OF:

Chapter 175 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding after section 113U the following new section:-

Section 113V(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-

“Appraiser”, a motor vehicle damage appraiser licensed pursuant to section 8G of chapter 26 of the General Laws;

"Claimant", a first-party claimant or insured or a third-party claimant who asserts a right of recovery for motor vehicle repairs under a motor vehicle insurance policy;

“Insurer”, an insurance company authorized to write and engaged in writing motor vehicle insurance in the Commonwealth;

“Repair shop” or “shop”, a motor vehicle repair shop duly registered under chapter 100A of the General Laws.

(b) No insurer shall require or direct that a claimant have a damaged motor vehicle repaired at a specific repair shop or at specific repair shops, nor shall any such insurer coerce any such claimant into having a damaged motor vehicle repaired at a specific repair shop or specific repair shops. After claimant has chosen a repair shop, the insurer shall not suggest or recommend that the claimant select a different repair shop or different repair shops. Any violations of this subsection (b) that constitute a pattern of behavior by an insurer shall constitute a violation of chapter 176D of the General Laws and shall be enforced by the commissioner of insurance

(c) Upon the initial inquiry regarding a claim, an insurer shall disclose the right of the claimant to select the repair shop of his or her choice. At the same time, the insurer shall also disclose all options for repair of the damaged motor vehicle to the claimant. If the claimant has not selected a repair shop, the insurer may identify those repair shops electing to participate in the expedited repair program authorized by this section and/or those shops participating in a direct payment plan authorized by section 34O of chapter 90 of the General Laws and by section 113O of chapter 175 of the General Laws.

(d)(1) Notwithstanding any law or regulation to the contrary, including but not limited to any law or regulation concerning the appraisal and/or reinspection of damaged motor vehicles, any insurer and any repair shop may enter into a voluntary agreement for the expedited repair of a damaged motor vehicle when a shop obtains a repair order signed by the claimant. In such case, the shop shall electronically submit an estimate of the cost of repairs to the insurer, together with a copy of the signed repair order and photographs of the damaged vehicle. If the insurer accepts the estimate, the repair shop shall proceed with completion of the repairs in accordance with the estimate. The insurer shall communicate to the shop within two business days as to whether it accepts the estimate. In the event that an insurer does not accept an estimate in a given instance or if the insurer fails to respond within two business days, the repair shall proceed in accordance with the requirements of section 8G of chapter 26 of the General Laws, of section 34O of chapter 90 of the General Laws and of section 113O of chapter 175 of the General Laws, and the regulations thereunder.

(2) Notwithstanding the provision of any law or regulation to the contrary, an insurer and a repair shop may agree to an expedited supplementary process when a shop requests a supplementary allowance. In such case, the shop shall electronically submit to the insurer an itemization of the additional amount needed to complete the repairs to the damaged vehicle, together with such supporting information as may be required. If the insurer accepts the supplementary allowance requested, the repair shop shall proceed with completion of the repairs as agreed. The insurer shall communicate to the shop within two business days as to whether it accepts the supplementary allowance requested. In the event that an insurer does not accept the supplementary request or if the insurer fails to respond within two business days, the repair shall proceed in accordance with the requirements of section 8G of chapter 26 of the General Laws, of section 34O of chapter 90 of the General Laws and of section 113O of chapter 175 of the General Laws, and the regulations thereunder.

(3) Notwithstanding the provision of any law or regulation to the contrary, it shall not be a conflict of interest or otherwise prohibited for an appraiser, in connection with an expedited repair program authorized by this section, to have a damaged motor vehicle repaired at a repair shop which the appraiser owns or in which he has an interest, if such ownership or interest has been disclosed to the insurer and the insurer has no objection.

(4) The insurer will guarantee the quality of the materials and workmanship used in making repairs if the repairs are performed in accordance expedited repair and supplementary allowance process specified herein.