With respect to a claim presented under either Limited Collision, Collision or
Comprehensive Coverage, if the insurer deems a motor vehicle a total loss, the
claimant may, with the consent of the insurer, enter into an agreement to have
the vehicle repaired by any registered repair shop for the contracted cost of
(a) the insurer allows the
claimant to retain possession and ownership of the vehicle; and
(b) the claimant obtains a salvage title for
said vehicle in compliance with M.G.L. c. 90D.
Under such an agreement, the insurer
shall not be required under any circumstance to pay more than the actual cash
value less the actual salvage value as determined under
. There shall be no supplements paid by
the insurer under this agreement. The claimant or the repair shop and no t the
insurer shall be responsible for any charges that ma y exceed the agreed
contract price. The insurer shall make no payments to the registered repair
shop until it receives a completed work claim form and the vehicle has been
reinspected by the insurer.
Nothing in 211 CMR 133.06
shall be construed to conflict with, or alter, the
duties and rights of an insurer under M.G.L. c. 175, § 113S. Nothing in
211 CMR 133.06
shall restrict the right of an insurer to take title to a
vehicle that the insurer has deemed a total loss.