A New Hampshire bill that originally excluded auto glass companies will now incorporate them. The bill, also referred to as H664-FN and H664, originally aimed to require an insurer to reimburse a repairer for all repairs only if the repairer follows an original equipment manufacturer recommended collision repair procedures.
H664, aims to add the following section to the state’s RSA 407-D:
“No insurance company, agent, or adjuster shall knowingly fail to pay a claim to the claimant or repairer to the extent the claimant’s vehicle is repaired in conformance with applicable manufacturers procedures. Notwithstanding any statements or recommendations contained in the manufacturer’s procedures relative to the use of parts, governance of the use of any and all parts, in the course of an insurer-funded repair shall be solely dictated by RSA 407-D:3-a and not by a manufacturer’s recommendations or procedures.”
The House voted to approve the bill on March 19 but with an amendment that excluded glass shops. Last week the Senate voted to approve the bill – but with additional amendments that include auto glass shops.
“(a) If the vehicle is equipped with an advanced driver assistance system, an automotive glass company, repair facility, or insurer informing, approving, or conducting glass repair or replacement shall:
(1) Prior to approving or performing glass repair or replacement, inform the consumer if a calibration of that system is required and if such calibration will be performed;
(2) If performing such calibration, meet or exceed the manufacturer’s procedures or specifications; and
(3) If a calibration was not performed or not completed successfully, inform the consumer that the vehicle should be taken to a vehicle manufacturer’s certified dealership, a qualified automobile glass company, repair facility, or other qualified repairer capable of performing the calibration of an advanced driver assistance system that meets or exceeds the manufacturer’s procedures or specifications.
(b) If the vehicle is equipped with an advanced driver assistance system, an automotive glass company, repair facility, or insurer informing, approving, or conducting a scan or calibration for motor vehicle repairs or replacement:
(1) Shall not be limited to tooling or equipment dictated or recommended by the manufacturer’s procedures or specifications.
(2) Shall calibrate an advanced driver assistance system meeting or exceeding the manufacturer’s procedures or specifications.
(c) If a repairer does not accept a paint and materials estimate proposed by an insurer, the insurer shall reimburse the repairer based on any third-party guidelines generally accepted by automobile repair shops and insurers, and used by the repairer,” a portion of the amended bill’s text reads.
The bill was introduced in January in the House before being referred to the Commerce and Consumer Affairs Committee. In mid-March the House voted to adopt the glass exclusion amendment with a vote of 247-101. It was then passed to the Senate and referred to the Senate Commerce Committee at the beginning of April. From there it was re-referred to the committee on May 23 and again on May 30. The Senate issued a “Special Order to the end of the calendar” and “Special Order to the next session on the bill” as well on May 30. The Senate vote occurred last week. Now the House will review and vote on its latest amendments.
To view the current version of the bill that was passed by the Senate, click here.