211 CMR 133.04 - Determination of Damage and Cost of Repair
(1) Appraisers shall specify that damaged
parts be repaired rather than replaced unless: the part is damaged beyond
repair, or the cost of repair exceeds the cost of replacement with a part of
like kind and quality, or the operational safety of the vehicle might otherwise
be impaired. When it is determined that a part must be replaced, a rebuilt,
aftermarket or used part of like kind and quality shall be used in the
appraisal unless:
(a) the operational safety
of the vehicle might otherwise be impaired;
(b) reasonable and diligent efforts to locate
the appropriate rebuilt, aftermarket or used part have been
unsuccessful;
(c) a new originale
quipment part of like kind and quality is available and will result in the
lowest overall repair cost;
(d) for
vehicles insured under policies written on or before December 31, 2003, the
vehicle has been used no more than 15,000 miles unless the pre-accident
condition warrants otherwise; or.
(e) for vehicles insured under policies
written or renewed on or after January 1, 2004, the vehicle has been used no
more than 20,000 miles unless the pre-accident condition warrants otherwise.
A part is of like kind and quality when it is of equal or better condition than the pre-accident part.
(2) When an insurance company specifies the
use of used, rebuilt, or aftermarket parts, the source and specific part(s)
must be indicated on the appraisal. If the repairer uses the source and
specified part(s) indicated on the appraisal and these parts are later
determined by both parties to be unfit for use in the repair, the insurance
company shall be responsible for the costs of restoring the parts to usable
condition. If both parties agree that a specified part is unfit and must be
replaced, the insurer shall be responsible for replacement costs such as
freight and handling unless the repair shop is responsible for the part(s)
being unfit, or unless the insurer and repairer otherwise agree. As to such
costs, nothing in
211 CMR 133.00 shall
preclude an insurer from exercising any available rights of recovery against
the supplier.
(3) Damage to motor
vehicle glass shall be repaired rather than replaced if:
(a) damage to the windshield is outside the
critical viewing area, which is that area covered by the sweep of the wipers
originally provided by the vehicle manufacturer, exclusive of the outer two
inches within the perimeter of that sweep; and
(b) damage to the glass is minor, including,
but not limited to, a crack less than six inches in length and stone breaks or
bruises, bulls eyes and star breaks less than one inch in diameter;
and
(c) the repair will not impair
the operational safety of the motor vehicle.
Insurers shall use reasonable efforts to ensure that, before any decision is made to replace glass, the damage is inspected to determine whether is it suitable for repair.
Notes
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