California Motor Vehicle Glass Act sent to governor with right to choose repair shop amendments
Senate Bill 988, the California Motor Vehicle Glass Act, is headed to Gov. Gavin Newsom for his signature following concurring amendments of both houses of the legislature that include the first-party claimant’s right to choose their preferred motor vehicle glass repair shop or recalibration facility.
Assembly amendments entered Aug. 19 and passed last week state: “An insured’s right to select their preferred motor vehicle glass repair shop or recalibration facility, includes, but is not limited to, independent shops, network and non-network shops, affiliated and nonaffiliated repair facilities, dealerships, or qualified specialists capable of performing the repair, replacement, calibration, or recalibration.
“An insurer, insurance producer, insurance adjuster, or any person acting on behalf of an insurer, insurance producer, or insurance adjuster shall not purposefully mislead, threaten, or coerce an insured to use or not use a particular motor vehicle glass repair shop or recalibration facility.”
Previously approved amendments state that insureds who make first-party claims for the repair or replacement of damaged motor vehicle glass would not be required to use a particular shop or recalibration facility under auto insurance policies. It also narrowed the definition of “motor vehicle glass repair shop” and added “recalibration facility.”
The Assembly passed the bill 78-0 on Aug. 24, followed by the Senate on Aug. 26, 37-0.
If signed by the governor, the bill would prohibit the assignment of benefits and require motor vehicle glass repair shops to notify vehicle owners of advanced driver assistance system (ADAS) repairs. It follows the National Council of Insurance Legislators (NCOIL) model.
The Independent Glass Association (IGA) is asking the industry to tell Gov. Newsom to veto the bill. IGA has been vocal about its opposition to SB 988 since it was filed.
California’s bill passage deadline is today.
As of Friday, another bill that could affect the collision repair industry, SB 1112, was held in committee. The bill was placed on the suspense file of the Assembly’s Appropriations Committee Aug. 5 and then held during its suspense hearing Aug. 13.
The bill is meant to deter “bandit towing.” The Assembly’s Judiciary Committee unanimously passed the bill in June.
Before a vehicle can be sold by a towing company, impound yard, or storage facility, SB 1112 would authorize the vehicle’s registered owner, legal owner, lienholder, or insurer to post a bond or other adequate security for release of the vehicle. The bill states that the bond or other adequate security must equal the accrued towing and storage charges at the time the vehicle is released, and must be posted with the court clerk in the county where the vehicle is being stored.
The bill would exempt certain towing or storage companies or impound yards from the provisions when a vehicle is towed at the request of the California Highway Patrol, a local law enforcement agency, the Department of Transportation, or a local transportation department or agency.
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