S T A T E O F N E W Y O R K
________________________________________________________________________
7043
2009-2010 Regular Sessions
I N A S S E M B L Y
March 19, 2009
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Introduced by M. of A. BALL -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to directing
the commissioner of motor vehicles to prepare a motor vehicle repair
consumer's rights statement; and to amend the insurance law, in
relation to requiring insurers providing collision or comprehensive
coverage on motor vehicles to, both orally and in writing, provide
notice to consumers of such statement of consumer's rights prior to
purchasing coverage and when submitting a claim
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 397-c to read as follows:
S 397-C. MOTOR VEHICLE REPAIR CONSUMER'S RIGHTS STATEMENT. THE COMMIS-
SIONER SHALL PREPARE A STATEMENT SUMMARIZING THE RIGHTS, DUTIES AND
OBLIGATIONS OF INSUREDS, INSURERS AND REGISTERED MOTOR VEHICLE REPAIR
SHOPS REGARDING COVERAGE AND CLAIMS FOR DAMAGE AND REPAIR. SUCH STATE-
MENT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PROVISIONS OF SECTIONS
TWO THOUSAND SIX HUNDRED ONE AND TWO THOUSAND SIX HUNDRED TEN OF THE
INSURANCE LAW AND THE PROVISIONS OF SECTIONS THREE HUNDRED
NINETY-EIGHT-C AND THREE HUNDRED NINETY-EIGHT-D OF THIS TITLE. SUCH
STATEMENT SHALL SATISFY THE NOTICE REQUIRED PURSUANT TO SECTION TWO
THOUSAND SIX HUNDRED ONE-A OF THE INSURANCE LAW, TO BE GIVEN BY AGENTS
OR REPRESENTATIVES OF INSURERS PROVIDING COLLISION OR COMPREHENSIVE
COVERAGE ON MOTOR VEHICLES TO INSUREDS OR POTENTIAL INSUREDS OF THE
RIGHTS, DUTIES AND OBLIGATIONS OF INSUREDS, INSURERS AND REGISTERED
MOTOR VEHICLE REPAIR SHOPS. SUCH STATEMENT SHALL BE REFERENCED ORALLY
AND PRESENTED IN WRITTEN FORM TO A POTENTIAL INSURED PRIOR TO PURCHASING
COVERAGE, AND TO AN INSURED WHEN SUBMITTING A CLAIM.
S 2. The insurance law is amended by adding a new section 2601-a to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05974-01-9
A. 7043 2
S 2601-A. MOTOR VEHICLE REPAIR CONSUMER'S RIGHTS STATEMENT; ORAL AND
WRITTEN NOTICE. AGENTS OR REPRESENTATIVES OF INSURERS PROVIDING COLLI-
SION OR COMPREHENSIVE COVERAGE ON MOTOR VEHICLES SHALL PROVIDE NOTICE TO
INSUREDS OR POTENTIAL INSUREDS OF THE RIGHTS, DUTIES AND OBLIGATIONS OF
INSUREDS, INSURERS AND REGISTERED MOTOR VEHICLE REPAIR SHOPS PRIOR TO
PURCHASING COVERAGE AND WHEN SUBMITTING A CLAIM. A STATEMENT OF CONSUM-
ER'S RIGHTS PREPARED BY THE COMMISSIONER OF MOTOR VEHICLES PURSUANT TO
SECTION THREE HUNDRED NINETY-SEVEN-C OF THE VEHICLE AND TRAFFIC LAW,
SHALL CONSTITUTE SUCH NOTICE. SUCH STATEMENT SHALL BE REFERENCED ORALLY
AND PRESENTED IN WRITTEN FORM TO A POTENTIAL INSURED PRIOR TO PURCHASING
COVERAGE, AND TO AN INSURED WHEN SUBMITTING A CLAIM.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.