Sec. 8. (a) An insurer that is obligated to pay at least part of the cost of repairing the exterior of a motor vehicle under an insurance policy issued by the insurer may not direct a body shop to repair the motor vehicle until the insurer has presented the insured with a written notice that meets the requirements set forth in subsections (b) and (c).
(b) An insurer described in subsection (a) shall present the insured with a written notice that does the following:
(1) Informs the insured that the insured has a right to approve the type of body parts to be used in the repair of the motor vehicle.
(2) Gives the insured an opportunity, in approving the type of body parts to be used in the repair of the motor vehicle, to select from among the following:
(A) New body parts manufactured by or for the manufacturer of the motor vehicle.
(B) New body parts that were not manufactured by or for the manufacturer of the motor vehicle.
(C) Used body parts.
(c) An insurer described in subsection (a) shall give the insured an opportunity to indicate in writing the type of body part that the insured approves for use in the repair of the motor vehicle.
(d) This section applies only in the five (5) years after the model year of the motor vehicle.
As added by P.L.194-1991, SEC.2.
Structure Indiana Code
Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers
Chapter 1.5. Auto Repair Claims Settlement
27-4-1.5-0.1. Application of Chapter
27-4-1.5-1. "Body Part" Defined
27-4-1.5-2. "Body Shop" Defined
27-4-1.5-5. "Motor Vehicle" Defined
27-4-1.5-6. "New Body Part" Defined
27-4-1.5-7. "Used Body Part" Defined
27-4-1.5-8. Insurer Notice to Insured; Body Parts to Be Used in Repair
27-4-1.5-9. Failure to Give Insured Notice; Unfair Claim Settlement Practice
27-4-1.5-10. Failure to Permit Selection of Body Parts by Insured; Unfair Claim Settlement Practice