Current through Register 1531, September 27, 2024
(1)
Pre-insurance inspections required or permitted pursuant to
211 CMR 94.00 shall be
conducted by an Authorized Representative of the Insurer at a time and place
reasonably convenient to the Applicant. A reasonably convenient time shall
include, in addition to customary business hours, sufficient early morning,
evening and weekend hours. A reasonably convenient place shall not be more than
five miles from the city or town where the Private Passenger Motor Vehicle is
principally garaged.
(2)
(a) Any forms issued by the Insurer to the
Applicant for presentation to the Authorized Representative shall not contain
the Vehicle Identification Number (VIN) of the motor vehicle to be
inspected.
(b) The inspection
shall:
1. be recorded in a format mutually
agreeable to the Authorized Representative and the Insurer;
2. include two color photographs of the
Private Passenger Motor Vehicle, taken as directed by the Insurer;
3. include a close-up color photograph (using
a special camera attachment if necessary) showing the Vehicle Identification
Number (VIN) located on the Environmental Protection Agency/Federal
Certification Label (EPA) sticker affixed to the driver's side door jamb. The
photograph shall be of sufficient clarity that the information contained on the
EPA sticker and the VIN is legible. If the EPA sticker is damaged, faded,
missing or otherwise not legible, a photograph of the EPA sticker or of the
area of the door jamb where the sticker normally is located still is
required.
(c) The
Authorized Representative shall take additional photographs showing any damaged
areas of the Private Passenger Motor Vehicle, as required by the
Insurer.
(d) The inspection
information and photographs shall be sent immediately to the Insurer which
shall retain this information in the Applicant's policy record for three years
from the date of the inspection, except as provided by 211 CMR 94.08(6)(c). The
Authorized Representative shall also provide a receipt to the Applicant at the
time of the inspection indicating that the inspection has been completed and
the date upon which it has been completed.
(3) The Insurer shall maintain an up-to-date
list of all Authorized Representatives and Inspection Service(s) performing
inspections for the Insurer. The list shall include the names, addresses and
business telephone numbers of all Authorized Representatives and Inspection
Services, and the Insurer shall make such list available to the Division upon
request.
(4) There shall be no
additional or separate charge to the Applicant in connection with an inspection
of a Private Passenger Motor Vehicle.
(5) The competency and trustworthiness of all
Authorized Representatives in the conduct of the inspections provided by
211 CMR 94.00 shall be the
responsibility of the Insurer.
(6)
An Insurer shall utilize Authorized Representatives who shall:
(a) verify the accuracy, completeness and
signature of the inspector for each inspection in writing;
(b) maintain a control system on such
inspections, and maintain records of the inspection information for a period of
time agreed to by the Insurer and the Authorized Representative;
(c) provide an optional service, on an
additional fee basis, to Insurers whereby the original inspection information
and photographs are retained by the Authorized Representative, who shall
maintain such original inspection information and photographs in a manner so as
to facilitate their rapid retrieval for a period of at least three years from
the date of inspection. The inspection information and photographs shall be
provided to the Insurer. The Authorized Representative shall, upon the request
of the Insurer, mail or otherwise deliver the original inspection information
and photographs to the Insurer within two business days of such
request.
(7)
(a) The inspection information and
photographs shall be used by the Insurer to document previous damage, prior
condition, options and mileage of the Private Passenger Motor Vehicle on
Physical Damage Coverage claims whenever:
1.
the appraisal of the motor vehicle indicates prior damage; or
2. the motor vehicle is a total loss or
unrecovered theft.
(b)
The inspection information and photographs shall be utilized and made a part of
the Insurer's claim file in the settlement of all total loss claims. The
inspection information and photographs shall be made a part of the claim file
regardless of whether payment on the claim is reduced based on such
information. Such inspection information shall come from the Applicant's policy
record.
