63 Pa. Stat. § 861

Current through P.A. Acts 2020-57
Section 861 - Compliance with act
(a) Each appraiser, while engaged in appraisal duties, shall carry the license issued to him by the Insurance Department and shall display it, upon request, to an owner whose vehicle is being inspected, to the repair shop representative involved or to any authorized representative of the Insurance Department.
(b) The appraiser shall furnish a legible copy of his appraisal to the repair shop selected by the consumer to make the repairs and also furnish a copy to the owner of the vehicle. This appraisal shall contain the name of the insurance company ordering it, if any, the insurance file number, the number of the appraiser's license and the proper identification number of the vehicle being inspected. All unrelated or old damage should be clearly indicated on the appraisal which shall include an itemized listing of all damages, specifying those parts to be replaced or repaired. Because an appraiser is charged with a high degree of regard for the public safety, the operational safety of the vehicle shall be paramount in considering the specification of new parts. This consideration is vitally important where the parts involved pertain to the drive train, steering gear, suspension units, brake system or tires.
(c) An appraiser may prepare a repair estimate obtained by personal inspection or by photographs, videos or telephonic means. An appraiser may not require the submission ofphotographs or videos in order to obtain an appraisal. Anappraiser, or an insurer as part of the appraisal process, shalldisclose to the owner of the vehicle that there is norequirement to submit photographs or videos in order to obtainan appraisal.
(d) No appraiser or his employer shall require that repairs be made in any specified repair shop.
(e)Supplemental repair estimates that become necessary after the repair work has been initiated due to discovery of additional damage to the motor vehicle may be made by personal inspection or by photographs, videos, or telephonic means, provided that in the case of a disputed repair a personal inspection shall be required.
(f) Every appraiser shall:
(1) Conduct himself in such a manner as to inspire public confidence by fair and honorable dealings.
(2) Approach the appraisal of damaged property without prejudice against, or favoritism toward, any party involved in order to make fair and impartial appraisals.
(3) Disregard any efforts on the part of others to influence his judgment in the interest of the parties involved.
(4) Prepare an independent appraisal of damage.
(5) Inspect a vehicle within six working days of assignment to the appraiser unless intervening circumstances (i.e. catastrophe, death, failure of the parties to cooperate) render such inspection impossible.
(g) No appraiser shall:
(1) Receive directly or indirectly any gratuity or other consideration in connection with his appraisal services from any person except his employer or, if self-employed, his customer.
(2) Traffic in automobile salvage if such salvage is obtained in any way as a result of appraisal services rendered by him for his own benefit.

63 P.S. § 861

Amended by P.L. TBD 2016 No. 13, § 1, eff. 6/13/2016.
1972, Dec. 29, P.L. 1713, No. 367, § 11, effective Jan. 1, 1973.