Senator Linda Stewart (D – Orlando) has introduced legislation to the Florida Senate relating to windshield replacement practices “in an effort to curb excess litigation and protect consumers.” Senate Bill 1002, companion legislation to a similar proposal already at the House, would prohibit assignment-of-benefits contracts (AOB) for not only windshield replacements but also re-calibrations.
Filed on Tuesday, February 21, the bill would prohibit companies from offering “items of value” to customers for making insurance claims for glass replacements and repairs. It would also prohibit consumers from entering into assignment-of-benefits contracts for not only auto glass repairs and replacements but calibrations as well.
“A policyholder or any other person may not enter into an assignment agreement of post-loss benefits for motor vehicle glass replacement or repair, including, but not limited to, for calibration or recalibration of advanced driver assistance systems … under a policy of motor vehicle insurance issued or renewed in this state by an authorized insurer on or after July 1, 2023,” the bill reads.
“We have all seen the signs offering us cash or gift cards to have our windshields replaced. These incentives sound great, but the reality is some of these services are using you to sue your insurance for more money than the replacement actually costs,” says Sen. Stewart. “This behavior ultimately contributes to the ever-increasing auto insurance rates as insurers raise rates to compensate their losses from this practice.”
Florida Rep. Philip Griffitts introduced similar legislation, HB 541, to the state’s House of Representatives at the end of January. It currently sits in the Insurance and Banking Subcommittee. However, Senate Bill 1002 goes a little further than its companion legislation with its inclusion of calibrations. Additionally, it provides a definition for Advanced Driver Assistance Systems (ADAS).
“‘Advanced driver assistance system’” means any motor vehicle electronic safety system that is associated with motor vehicle glass and is designed to support the driver and motor vehicle in a manner intended to increase motor vehicle safety and reduce losses associated with motor vehicle crashes,” the bill reads.
The proposed legislation also requires companies to notify a customer of whether calibration is necessary on their vehicle during the repair or replacement process.
“Today’s cars have a slew of new features integrated into the windshield to improve driver safety,” says Sen. Stewart. “Without notice that these systems need to be calibrated after a windshield replacement, drivers could find themselves in dangerous situations or at a service provider surprised by the costs and possibly having to pay out of pocket for the calibration of these features.”
