Print Friendly HOUSE BILL NO. 482 – MVinsured, bill of rights
HOUSE BILL NO. 482
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MOTOR VEHICLE INSURANCE - Adds to existing law to provide for the
automobile insured's bill of rights; to require that automobile insurers
provide ongoing information to an insured regarding the status of the
insured's account; and to provide the right of the insured to protest
findings of fault by the insurer.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to Bus
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 482
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO AUTOMOBILE INSURANCE; AMENDING CHAPTER 25, TITLE 41, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 41-2517, IDAHO CODE, TO PROVIDE FOR THE
4 AUTOMOBILE INSURED'S BILL OF RIGHTS, TO PROVIDE THE INTENT OF THE SECTION,
5 TO REQUIRE THAT AN INSURER ADVISE THE INSURED OF AN ASSIGNMENT OF FAULT
6 FOR INSURANCE PURPOSES WHICH COULD ADVERSELY AFFECT THE INSURED'S RATES OF
7 INSURANCE OR RESULT IN THE CANCELLATION OR NONRENEWAL OF THE INSURED'S
8 POLICY OF INSURANCE, TO PROVIDE THAT THE INSURED MAY PROTEST A FINDING OF
9 FAULT, TO PROVIDE FOR MEDIATION AND TO PROVIDE FOR PROMULGATION OF RULES;
10 AND PROVIDING AN EFFECTIVE DATE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 25, Title 41, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 41-2517, Idaho Code, and to read as follows:
15 41-2517. AUTOMOBILE INSURED'S BILL OF RIGHTS. (1) It is the intent of
16 this section to require that automobile insurers provide ongoing information
17 to the insured regarding the status of the insured's account. Insurers who
18 assign fault to an insured with respect to any accident or incident involving
19 the insured's vehicle should inform the insured of this assignment of fault
20 and its potential effects on the insured's policy of insurance. Further, the
21 insured should have the opportunity to protest a finding of fault and request
23 (2) The insurer shall advise the insured in writing within ten (10) days
24 of an insurer's assignment of fault to the insured which will adversely affect
25 the insured's rates of insurance, or result in the cancellation or nonrenewal
26 of the insured's policy of insurance. If the insurer utilizes a point system
27 or other means of assigning fault, the insured shall be advised on a routine
28 basis of the status of his account and what further occurrences appearing on
29 the insured's driving record could result in an increase in rates or the can-
30 cellation or nonrenewal of the insured's policy of insurance.
31 (3) The insured shall have the right to protest any findings of fault by
32 the insurer. The insurer, upon the written request of the insured, shall pro-
33 vide the insured with the reasons for the finding of fault.
34 (4) If the insured is not in agreement with the insurer's findings, the
35 insured may request mediation. If the insured is found not to be at fault in
36 the mediation proceedings, each party shall be responsible for one-half (1/2)
37 of the costs of mediation. Otherwise the costs of mediation shall be borne by
38 the insured.
39 (5) The director may promulgate such rules as are deemed necessary to
40 implement the provisions of this section.
41 SECTION 2. This act shall be in full force and effect on and after Janu-
42 ary 1, 2001.
STATEMENT OF PURPOSE
People who buy auto insurance should have the right to be informed when
their company assigns fault against them. This Auto Insurance Buyer's Bill
of Rights requires notification and gives policyholders certain rights to
mediate the decision of fault by their auto insurance company.
Contact Name: Dr. Eli Ross
STATEMENT OF PURPOSE/FISCAL NOTE H 482