HB239: HB239 Motor vehicles; placement of a special identifying sticker on the windshields of alternative fueled vehicles; require

26 LC 39 5135S The House Committee on Motor Vehicles offers the following substitute to HB 239: A BILL TO BE ENTITLED AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to1 motor vehicle accident reparations, so as to provide for claims processing of repairs under2 motor vehicle liability insurance policies; to provide for certain disclosures; to provide for3 private causes of action; to provide for related matters; to re peal conflicting laws; and for4 other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle8 accident reparations, is amended by revising Code Section 33-34-6, relating to selection of9 motor vehicle repair facility, as follows:10 "33-34-6.11 (a) Subject to the provisions of subsection (b) of this Code s ection, no insurer shall12 represent to a person making a claim under a motor vehicle insurance policy that the use13 of or the failure to use a particular repair facility or partic ular repair facilities may result14 in the nonpayment of a claim All policies of motor vehicle liability insurance issued in this15 state shall allow a claimant under such policy to select the repair facility to provide repairs16 H. B. 239 (SUB) - 1 - 26 LC 39 5135S covered under such policy. An insurer shall disclose when such insurer has a financial17 interest in a repair facility. No insurer shall represent that the use of or failure to use a18 repair facility may affect payments or repairs.19 (b) No insurer shall require a person making a claim under a m otor vehicle insurance20 policy to use a particular repair facility or particular repair facilities in order to settle a21 claim if the person making the claim can obtain the repair work on the motor vehicle at the22 same cost from another source An insurer providing coverage under a motor vehicle23 liability insurance policy issued in this state shall, within three business days of receipt of24 any claim of supplemental damage, complete an inspection of the damaged motor vehicle25 in person or review the claim and provide a written response and, within ten business days,26 provide a written decision indicating the line items, parts, or operations that are approved,27 denied, or altered.28 (c) Any claimant aggrieved by a violation of the provisions of this Code section shall have29 a private cause of action for injunctive relief, treble damages, and any other relief available30 under law."31 SECTION 2.32 All laws and parts of laws in conflict with this Act are repealed. 33 H. B. 239 (SUB) - 2 -