TITLE 5
Businesses and Professions

CHAPTER 5-38.5
Motor Vehicle Glass Consumer Protection Act

SECTION 5-38.5-16


§ 5-38.5-16 Prohibited practices.

(a) No licensed motor vehicle glass repair shop or other person shall:

(1) Advertise for motor vehicle glass repair services in the state without including its license number issued by the department as part of the advertisement.

(2) Make any false or fraudulent statement in connection with any motor vehicle glass repair or attempt to collect for a motor vehicle glass repair; or without lawful authority, prevent the owner of a motor vehicle from recovering the same.

(3) Knowingly submit a claim to an insurer or a third-party administrator for vehicle glass repair, replacement, or for related services:

(i) If the vehicle glass was not damaged prior to repair or replacement;

(ii) If the services were not provided;

(iii) Showing work performed in a geographical area that in fact was not the location where the services were provided and that results in a higher payment than would otherwise be paid to the person by the policyholder's insurer;

(iv) Without having authorization by the owner, lessee, or insured driver of the vehicle for the repair of the vehicle;

(v) Showing work performed on a date other than the date the work was actually performed and resulting in a change of insurance coverage status; or

(vi) Making any other material misrepresentation related to any vehicle glass services provided.

(4) Advise a policyholder to falsify the date of damage to the vehicle glass that results in a change of insurance coverage for repair or replacement of the vehicle glass.

(5) Falsely sign, on behalf of a policyholder or another person, a work order, insurance assignment form, or other related form in order to submit a claim to an insurer for vehicle glass repair or replacement or for related services.

(6) Knowingly misrepresent to a policyholder or other person:

(i) The price of the proposed repairs or replacement being billed to the policyholder's insurer; and

(ii) That the insurer has authorized the repairs or replacement of the glass of the insured vehicle.

(7) Represent to a policyholder or other person that the repair or replacement will be paid for entirely by the policyholder's insurer and at no cost or "free" to the policyholder unless the insurance coverage has been verified by an authorized representative of the insurer.

(8) Add to the damage of vehicle glass before repair in order to increase the scope of repair or replacement or encourage a policyholder or other person to add to the damage of vehicle glass before repair.

(9) Perform work clearly and substantially beyond the level of work necessary to repair or replace the vehicle glass to return the vehicle back to a safe, pre-loss condition.

(10) Perform work as an unlicensed motor vehicle glass repair shop.

(11) Perform work inconsistent with standards established by the American National Standards Institute (ANSI) related to repair of laminated automotive glass and auto glass replacement.

(b) It is unlawful for a person who sells or repairs and replaces motor vehicle glass to intentionally misrepresent the relationship of the licensed motor vehicle glass repair shop to an insurer.

(c) A licensed motor vehicle glass repair shop, including any agent, contractor, vendor, representative, or anyone acting on its behalf, must not:

(1) Threaten, coerce, or intimidate a person to file a claim for motor vehicle glass repair or replacement.

(2) Engage in unfair or deceptive practices to induce a person to file a motor vehicle glass repair claim.

(3) Induce a person to file a motor vehicle glass repair claim when the damage to the motor vehicle glass is insufficient to warrant vehicle glass repair or replacement.

(4) Perform motor vehicle glass repair or replacement services under an insurance policy without first obtaining insurer approval.

(d) A violation of this section is subject to enforcement under this chapter.

History of Section.
(P.L. 2015, ch. 146, § 1.)