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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2016

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Regulatory Flexibility Act Form

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18 DE Admin. Code 602
INSURANCE COMMISSIONER KAREN WELDIN STEWART hereby gives notice of re-proposed amended Department of Insurance Regulation 602 relating to Motor Vehicle Physical Damage Appraisers [Formerly Regulation 8]. The docket number for this proposed AMENDED regulation is 2803-2015.
18 Del.C. Ch. 17 has been amended to include motor vehicle physical damage appraisers under the license requirements therein. The following regulation is required to set standards of conduct for appraisers and to implement the provisions of Chapter 17 and establish through regulations guideline procedures for the manner in which motor vehicle physical damage appraisers conduct their business.
1.1 As used in 18 Del.C. Ch. 17:
Appraisal” is not considered to include an estimate of repair to be performed by the individual or entity making such estimate.
“Appraiser” means a motor vehicle physical damage appraiser licensed under the provisions of 18 Del.C. Ch.17. This shall include all persons who in this State practice the appraisal of motor vehicle physical damage.
“Appraiser” is not considered to include an estimate of repair to be performed by the individual or entity making such estimate;
“Motor vehicle” means any "motor vehicle" as defined in 21 Del.C. §101.
2.1 Each appraiser, while engaged in appraisal duties, shall carry the license issued to him by the Insurance Department and shall display it, upon request, to an owner whose vehicle is being inspected, to the repair shop representative involved or to any authorized representative of the Insurance Department.
3.1 The appraiser shall exchange a legible copy of his appraisal with that of the repair shop selected to make the repairs and also furnish a copy to the owner of the vehicle. This appraisal shall contain the name of the insurance company ordering it, if any, the insurance file number, the number of the appraiser's license and the proper identification number of the vehicle being inspected. All unrelated or old damage should be clearly indicated on the appraisal which shall include an itemized listing of all damages, specifying those parts to be replaced or repaired. Because an appraiser is charged with a high degree of regard for the public safety, the operational safety of the vehicle shall be paramount in considering the specification of new parts. This consideration is vitally important where the parts involved pertain to the drive train, steering gear, suspension units, brake system or tires.
4.0 Personal Inspection Required. Manner of Inspection.
4.1 No appraiser shall secure or use repair estimates that have been obtained by the use of photographs, telephone calls or in any manner other than a personal inspection. An appraiser may prepare an appraisal or a repair estimate on a motor vehicle that has been damaged as a result of a covered loss either from the appraiser’s personal inspection of the vehicle or from photographs, videos, or electronically transmitted digital imagery of the motor vehicle; provided, however, that no insurer may require an owner of a motor vehicle to submit photographs, videos, or electronically transmitted digital imagery as a condition of an appraisal. If the owner of a motor vehicle is not satisfied with an appraisal based upon photographs, videos, or electronically transmitted digital imagery of the motor vehicle, the owner of the motor vehicle may require an insurer to obtain an appraisal based on a personal inspection.
5.1 No appraiser shall require that repairs be made in a specified repair shop.
6.1 Every appraiser shall promptly reinspect damaged vehicles prior to the repairs in question when supplementary allowances are requested by repair shops and the amount or extent of damages is in dispute.
Last Updated: December 31 1969 19:00:00.
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