28 Tex. Admin. Code § 5.501 - Notice Requirements to Claimants Regarding Motor Vehicle Repairs
(a) The following words and terms, when used
in this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Business day--A day
other than a Saturday, Sunday, or holiday recognized by the State of
Texas.
(2) Insurer--An insurer or
any person authorized to act on behalf of an insurer regarding damage to a
vehicle, regardless of whether employed by the insurer.
(b) An insurer must give the notice
prescribed by subsection (h) of this section (hereinafter referred to as the
written notice) to any insured or third-party claimant who makes a claim
regarding damage to a vehicle. If a claimant presents the vehicle to the
insurer in connection with a claim for damage repair, or otherwise makes the
claim in person, the written notice must be given to the claimant at that
time.
(c) If the claim is made
instead in writing (including e-mail or FAX), an insurer must mail the written
notice to the claimant within three business days of receiving notice of the
claim, unless the insurer otherwise delivers the claimant the written notice
within those three business days.
(d) If the claim is made by telephone, an
insurer must:
(1) mail the written notice to
the claimant within three business days; or
(2) give the verbal notice prescribed by
subsection (i) of this section (hereinafter referred to as the verbal notice)
to the claimant at the time of the claimant's telephone call and mail the
written notice to the claimant within 15 business days of receiving notice of
the claim.
(e) An
insurer, if it chooses to address the liability issue initially, may send or
deliver its own letter along with the written notice. The written and verbal
notice may include the Optional Provision. The written notice must be on a
separate page from any letter or other material, except as otherwise provided
in this section.
(f)
Notwithstanding any other subsection of this section, no insurer is required to
furnish more than one written notice to the insured or third party claimant in
regard to the claim.
(g) These
notice requirements do not apply to towing and labor costs coverage.
(h) The written notice must be printed in at
least ten-point type with the insurer's name, mailing address, phone number,
and fax number printed in bold face type. The insurer may provide an e-mail
address or web address printed in bold face type. The notice must be attached
to, or printed on the reverse side of, a copy of the Insurance Code §§
1952.301 -
1952.307. The written
notice must read as follows:
(i) The
verbal notice at a minimum must consist of the following: BY LAW, YOU HAVE THE
RIGHT TO SELECT WHERE YOUR MOTOR VEHICLE IS REPAIRED AND THE PARTS USED FOR
REPAIRS. HOWEVER, AN INSURANCE COMPANY IS NOT REQUIRED TO PAY MORE THAN A
REASONABLE AMOUNT FOR SUCH REPAIRS AND PARTS. YOUR RIGHTS CONCERNING MOTOR
VEHICLE REPAIRS ARE EXPLAINED IN THE INSURANCE CODE §§
1952.301 -
1952.307, A COPY OF
WHICH WILL BE MAILED TO YOU WITHIN 15 BUSINESS DAYS. IF YOU HAVE ANY QUESTIONS
ABOUT YOUR MOTOR VEHICLE REPAIR RIGHTS, CONTACT THE TEXAS DEPARTMENT OF
INSURANCE AT 1-800-252-3439.
(j)
These amendments are effective April 1, 2007.
Notes
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