Current through Register Vol. 46, No. 12, March 20, 2024
(a) An
insurer shall use authorized representatives that conduct inspections required
or permitted pursuant to this Part in accordance with the provisions of this
section. An insurer's authorized representative shall conduct the inspection at
a time and place reasonably convenient to the named insured. A reasonably
convenient time shall include, in addition to customary business hours,
sufficient early morning, evening and weekend hours.
(1) If the insured automobile is located
within this state, then a reasonably convenient place shall be:
(i) ten miles or less from the place where
the automobile is principally garaged when the place is within the counties of
Westchester, Nassau or Suffolk, or any city with a population of 100,000 or
more; or
(ii) 25 miles or less from
the place where the automobile is principally garaged when the place is in all
other parts of this state.
(2) If the insured automobile is located
outside this state, then a reasonably convenient place shall be 50 miles or
less from the location of the automobile.
(b) Any inspection authorization forms that
the insurer issues to the named insured for presentation to the insurer's
authorized representative shall not contain the vehicle identification number
(VIN) of the automobile to be inspected.
(c) The inspection shall be recorded on the
prescribed AUTOMOBILE INSURANCE INSPECTION REPORT (NYS APD form A) contained in
section
67.12 of this
Part.
(d)
(1) During an inspection, an insurer's
authorized representative shall take:
(i) a
minimum of two color photographs, clearly showing the front, back, left and
right sides of the automobile;
(ii)
a color photograph showing a close-up (using a special camera attachment if
necessary) of the Environmental Protection Agency (EPA) sticker and the VIN
number, which shall be of sufficient clarity that the information contained on
the EPA sticker and the VIN number are legible; and
(iii) additional photographs showing any
damaged areas of the automobile.
(2) If the EPA sticker is missing, obscured
or otherwise illegible, then the insurer's authorized representative shall
document on the inspection report that the EPA sticker is missing, obscured or
otherwise illegible.
(3) The
insurer's authorized representative may take photographs required by this
section using film or digital media.
(e)
(1) The
inspection report and all applicable photographs shall be retained by the
insurer in the named insured's policy record in a durable medium in accordance
with Part 243 of this Title (Insurance Regulation 152), except as provided in
subdivision (i) of this section.
(2) If the insurer's authorized
representative completes the inspection report electronically, then the
inspection information shall be rendered into an electronic image of the
inspection report and maintained in a durable medium. The electronic image of
the inspection report shall capture and show the electronic signatures of the
insurer's authorized representative and the named insured or the person who
presents the automobile for inspection if other than the named
insured.
(3) The insurer's
authorized representative shall give a printed copy of the inspection report to
the person who presents the automobile for inspection. If the person who
presents the automobile for inspection is not the named insured, then the
insurer or the insurer's authorized representative shall mail, deliver or
transmit to the named insured a copy of the inspection report within seven
calendar days of completion of the inspection. The insurer or the insurer's
authorized representative shall not be required to supply the named insured
with copies of inspection photographs but nothing in this Part shall preclude
the insurer or the insurer's authorized representative from voluntarily
providing the named insured with such copies.
(f) The inspection report and all applicable
photographs shall:
(1) confirm the existence
and physical condition of the insured automobile at the time of
inspection;
(2) record odometer
mileage and all major factory and dealer installed options, accessories and
equipment permanently installed on or within the insured automobile;
(3) document any previous damage to the
interior and exterior of the insured automobile;
(4) be made part of the named insured's
policy record; and
(5) be utilized
by the insurer in the settlement of a private passenger automobile physical
damage insurance claim.
(g) There shall be no charge to the named
insured for the cost of the inspection or applicable inspection
photographs.
(h) The competency and
trustworthiness of the insurer's authorized representative in the conduct of
the inspections provided for in this Part shall be the responsibility of the
insurer.
(i) An authorized
representative shall:
(1) verify the
accuracy, completeness and signature of the inspector for each inspection
report in writing;
(2) utilize
sequentially numbered inspection reports ;
(3) maintain a secure system of internal
controls over the storage, retrieval and data integrity of inspection reports
and all applicable photographs;
(4)
provide an optional service to the insurer, which may be on an additional fee
basis, whereby the authorized representative retains the inspection reports and
all applicable photographs in a durable medium. In such a case, the authorized
representative shall:
(i) maintain the
inspection reports and all applicable photographs in accordance with Part 243
of this Title, and in such a manner as to facilitate rapid retrieval;
and
(ii) upon the insurer's
request, mail, deliver or otherwise transmit the inspection reports and all
applicable photographs to the insurer so that the insurer receives those
reports within two calendar days of such request.
