New York Bill Addresses OEM Procedures, Insurers

June 10, 2019

A bill has been introduced in the New York Assembly that “provides that in the repair of a collision damaged motor vehicle, no motor vehicle repair shop or insurer shall deviate from the collision repair guidelines, procedures, recommendations and service bulletins issued by a vehicle or original equipment manufacturer without the written authorization from the vehicle owner or such owner’s representative.”

Specifically, the bill, A 8050, would add the following text to the state’s law:

Notwithstanding  any  provision  of  law to the contrary, no motor vehicle repair shop shall deviate from the collision repair  guidelines, procedures, recommendations and service bulletins issued by a vehicle or original  equipment  manufacturer  in  the repair of a collision damaged vehicle without the written authorization from the vehicle owner or  the vehicle owner’s authorized representative.

No insurer shall directly or indirectly require the deviation from the collision repair guidelines, procedures, recommendations and service bulletins issued by a vehicle or original equipment manufacturer in the repair of a collision damaged vehicle without the written authorization from the vehicle owner or the vehicle owner’s representative. If a repair procedure or specification from a vehicle or original equipment manufacturer includes a directive to conduct a scan, calibration, diagnostic test of vehicle electronic systems before or after the commencement of repairs, such directive shall be considered as a required part of the repair procedure.

The bill was introduced in the New York Assembly on May 31 and referred to the Assembly Insurance Committee.

Click here for the full text of A 8050.

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