Section Ins 1002.17 - Willing and Able Repair Facilities; Motor Vehicle Insurance(a) Every settlement offer that is based upon an appraisal conducted on behalf of the insurer relative to property and liability insurance shall: (1) Represent the fair and reasonable price in the area charged by repair shops or facilities providing similar services with the usual and customary guarantees as to materials and workmanship;(2) Include a written statement that the insurer shall supply to the insured or claimant the name and address of a recognized, competent, and conveniently located repair shop or facility who is willing and able to repair or replace the damaged motor vehicle with another of like kind and quality within a reasonable time for the price quoted in the appraisal; and(3) Include in the written statement a disclosure that any repair shop or facility may be used at the discretion of the insured or claimant.(b) The insured or claimant shall be entitled to the usual and customary guarantees as to materials and workmanship relative to the motor vehicle that is being repaired or replaced.(c) If the insurer is unable to provide the name of a repair shop or facility upon request, any additional repair or replacement costs incurred in excess of the insurer's appraisal price shall be at the expense of the insurer.(d) In processing any claim for any damage to a motor vehicle, the insurer shall not require as a condition to the payment of such claims, that repairs be made in a particular repair shop or facility.(e) Insurers specifying the use of after-market parts shall:(1) Pursuant to RSA 407-D:4, not require the use of after-market parts unless the parts are at least equal in like, kind, and quality to the original part in terms of fit, quality, and performance;(2) Not require the use of after-market parts unless the insurer states or certifies in writing that the part is of like, kind, and quality; and(3) Consider the cost of any modifications, re-repairs, or delays that might become necessary when making the repair.(f) Any settlement made based upon an agreement negotiated by an appraiser or an adjuster on behalf of the insurer with a repair shop or facility shall include a provision providing for coverage of hidden damage that is determined to be connected with the claim in question.(g) If an independent repair shop or facility and an insurer are unable to agree on a price, and the insurer has complied with (a) through (f) above, then:(1) The price shall be the price available from any other recognized, competent, and conveniently located independent repair shop or facility that is willing and able to repair the damaged motor vehicle within a reasonable time; and(2) The insurer shall furnish to the insured or claimant a written statement containing the following disclosure: "Under New Hampshire law, you are always entitled to use the repair shop or facility of your choice. Unfortunately, we have been unable to agree on price with the facility you have chosen. In this situation, New Hampshire law provides that our payment for repair cost may be limited to the price available from a recognized, competent, and conveniently located independent repair shop or facility that is willing and able to repair the damaged motor vehicle within a reasonable time. You may be responsible for the difference between our payment and the price charged to you by the facility you have chosen. Upon your request, we will furnish a written disclosure of the factual basis for our determination of the fair and reasonable price. If you are our insured and disagree with our determination of the amount of loss, you are entitled to exercise the appraisal provision of your policy."
(h) For all claims, insurers and their appraisers and adjusters, whether hired under contract or employed, shall not make any coercive, threatening, or intimidating statements at any time, orally or in writing, to insureds or claimants for the purpose of influencing the insureds' or claimants' choice of repair shop or facility.N.H. Admin. Code § Ins 1002.17
Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10962, Effective 10/26/2015, Expires 10/26/2025.Amended by Volume XLI Number 10, Filed March 11, 2021, Proposed by #13173, Effective 4/26/2021, Expires 4/26/2031.