230 R.I. Code R. 230-RICR-20-05-5.9

Current through December 3, 2024
Section 230-RICR-20-05-5.9 - Standards and Procedures for Inspections
A. Inspections required or permitted pursuant to this Part shall be made by a designated authorized representative of the insurer at a time and place reasonably convenient to the applicant.
B. The inspection shall:
1. Be recorded on a form which contains, as a minimum, the information described on the Motor Vehicle Pre-Inspection Report (Form A provided in a Bulletin issued for the purpose of designating the forms required to be used by this Part);
2. Include two (2) color photographs of the motor vehicle, taken as directed on the inspection report, which shall be attached to the report;
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 must be of sufficient clarity that the information contained on the EPA sticker and 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 is normally located, is still required.
4. Include any additional photographs, taken at the discretion of the authorized representative, showing any damaged areas. Such photographs shall also be attached to the report.
C. The original report and photographs shall be immediately sent to the insurer who shall retain the report and photographs in the applicant's policy record for three (3) years from the date of inspection, except as provided by § 5.6(D) of this Part. The authorized representative shall also provide a copy of the report, without photographs, to the applicant and producer of record.
D. The insurers shall maintain an up-to-date list of all authorized representatives and inspection sites performing inspections for the insurer. The list must include the names, addresses, and business phone numbers of all authorized representatives, and the insurer shall make such a list accessible to the Director upon request.
E. There shall be no charge to the applicant in connection with an inspection.
F. An insurer shall utilize authorized representatives who shall:
1. verify the accuracy, completeness and signature of the inspector for each inspection report in writing;
2. maintain a control system on such inspection reports, including the use of sequentially numbered reports;
3. retain and supply to other insurers, upon request, a copy of any inspection report which was completed within three (3) years of the date of inspection;
4. provide an optional service, on an additional fee basis, to insurers whereby the original inspection reports and photographs are retained by the authorized representative who shall maintain such original inspection reports and photographs in a manner so as to facilitate rapid retrieval for a period of at least three (3) years from the date of inspection. The authorized representative shall, upon request of an insurer, mail or deliver the original inspection report and photographs to the insurer within two (2) business days of such request.
G. The inspection report and photographs shall be used by the insurer to document previous damage, prior condition, options, and mileage of the motor vehicle on physical damage claims whenever:
1. the appraisal indicates prior damage;
2. the vehicle is a total loss or unrecovered theft; or
3. the damage exceeds three thousand dollars ($3,000).
H. A copy of the inspection report and photographs must be utilized, and made a part of the insurer's claim file, in settlement of all total loss claims. The inspection report must be made a part of the claim file regardless of whether or not the payment is reduced based on the information contained therein.
I. Access to an electronic file containing images of inspection reports and images of color photographs will suffice in lieu of physically placing hard copies of forms and/or photos in a paper file; providing, the system allows for the printing of hard copies of forms and color photographs if required in litigation.

230 R.I. Code R. 230-RICR-20-05-5.9