GA HB1421

Claimants under motor vehicle liability insurance policies have the right to select their own repair facility, and insurers cannot require use of a facility in which the insurer has a financial interest.

Insurers are prohibited from representing that using or not using a particular repair facility may result in nonpayment, delayed payment, reduced payment, or lower quality repairs.

When recommending a repair facility, insurers must disclose that the claimant has no obligation to use it, may choose their own facility, will receive the same payment regardless of facility choice, and whether the insurer has a financial interest in the recommended facility.

"Financial interest" is broadly defined to include ownership interests, direct repair programs, affiliation agreements, favored facility agreements, labor rate agreements, parts agreements, and service level agreements.

Repeated violations constituting a general business practice will be classified as violations of the Unfair Claims Settlement Practices Act, and the Insurance Commissioner is authorized to promulgate implementing regulations.