VEH. PROPERTY DMG./DETERMINING AMT. OF LOSS.

View NCGA Bill Details2019-2020 Session
House Bill 205 (Public) Filed Tuesday, February 26, 2019
AN ACT TO AMEND THE LAW GOVERNING THE PROCEDURES FOR DETERMINING THE AMOUNT OF PROPERTY DAMAGE TO A MOTOR VEHICLE WHEN LIABILITY FOR COVERAGE FOR THE CLAIM IS NOT IN DISPUTE.
Intro. by Torbett.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 7 2019)
H 205

Bill Summaries:

  • Summary date: May 6 2019 - More information

    House committee substitute to the 3rd edition makes the following changes. 

    Modifies and adds to the proposed changes to GS 20-279.21(d1) to require motor vehicle liability policies to provide, concerning a claim for property damage to a motor vehicle against the insurer, that if the difference in the claimant's and the insurer's estimate of the diminution in fair market value is greater than $500, then on written demand of either, each must select an appraiser and notify the other within 20 days of demand (previously provided for the fair market value greater than $500 of the fair market retail value of the vehicle prior to the accident). If the appraisers cannot agree, directs that the appraisers must submit their appraisals to the umpire along with their differences.


  • Summary date: Apr 11 2019 - More information

    House committee substitute to the 2nd edition makes the following changes. 

    Modifies and adds to the proposed changes to GS 20-279.21(d1) to require that the appraiser exchange appraisals within 35 days after the demand of either the insurer or the claimant for appraisal, rather than within 15 days. Adds that if the appraisers agree, they are required to put their agreement in writing and file the agreement with the insured and the claimant. Provides that agreement of the appraisers is binding on both the claimant and the insurer in the same manner as the umpire report.


  • Summary date: Mar 26 2019 - More information

    House committee substitute to the 1st edition makes the following changes. 

    Amends GS 20-279.21(d1) further by requiring that for a claim for property damage to a motor vehicle against an insurer the policy must provide that if the difference in the claimant's and insurer's estimate of the diminution in fair market value is greater than $500 (was, $20,000 or 25%) of the fair market retail value of the vehicle before the accident as determined by the latest edition of the National Automobile Dealers Association Pricing Guide Book (removes the option of using another publication approved by the Commissioner of Insurance), then on written demand, the claimant and insurer must each select a competent and disinterested appraiser and notify the other of the selection within 20 days. Requires that the appraiser exchange appraisals within 15 days. Refusal by an appraiser to appraise the loss or exchange an appraisal with an opposing appraiser subjects the appraiser to civil penalties. Provides that an umpire's report (was, an agreement between either of the appraisers and the umpire) is binding on both the claimant and the insurer.

    Changes the effective date of the act from when it becomes law to October 1, 2019.


  • Summary date: Feb 26 2019 - More information

    Amends GS 20-279.21(d1), concerning the required provisions of motor vehicle insurance policies to govern the process for determining the amount of property damage to a motor vehicle when the liability for coverage is not disputed. Under current law, the claimant or the insurer has 15 days to reject the report determining the amount of damages and notify the other party of the rejection before the report becomes binding. Deletes these provisions to instead establish that an agreement between either of the appraisers and the umpire is binding on both the claimant and the insurer. 


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