California 2019-2020 Regular Session

California Assembly Bill AB1538

Introduced
2/22/19  
Introduced
2/22/19  
Refer
3/14/19  
Report Pass
3/28/19  
Report Pass
3/28/19  
Refer
4/1/19  
Refer
4/1/19  
Report Pass
4/3/19  
Report Pass
4/3/19  
Engrossed
4/11/19  
Refer
4/11/19  
Refer
4/11/19  
Refer
4/24/19  
Refer
4/24/19  
Report Pass
4/25/19  
Report Pass
4/25/19  
Refer
4/25/19  
Report Pass
6/12/19  
Report Pass
6/12/19  
Enrolled
7/8/19  
Enrolled
7/8/19  
Chaptered
7/30/19  
Passed
7/30/19  

Caption

Automobile collision coverage: payment for repairs.

Impact

The proposed changes under AB 1538 aim to bolster consumer rights by prohibiting insurers from delaying payments for repairs based on decisions made by the insured regarding repair work. As part of these provisions, insurers cannot withhold repair costs if the insured opts not to repair the vehicle, provided that reasonable repair costs are still payable under the policy. This shift is expected to simplify the claims process for policyholders while ensuring that their choices in handling repairs are respected, promoting a more beneficial relationship between consumers and insurers.

Summary

Assembly Bill 1538, introduced by Assemblymember Weber, amends Section 560 of the Insurance Code, focusing primarily on automobile collision coverage and payment for repairs. The bill expands existing law by encompassing automobile physical damage coverage, thereby ensuring that insurers must make timely payments if a covered automobile is damaged and the insurer knows it will be repaired. This requirement is a critical update as it streamlines the process for repair payments and provides greater certainty for both insurers and repair facilities. The bill also reinforces the insured's right to select their own repair facility, thus supporting consumer autonomy in the insurance process.

Sentiment

Feedback on AB 1538 has been largely positive, with supporters arguing that the bill better protects consumer interests in the domain of automobile insurance. Advocates highlight the bill's potential to eliminate ambiguities and delays in repair payments, which could otherwise hinder timely vehicle repairs. However, there is also cautious consideration surrounding the balance of control between insurers and consumers, particularly in instances where repair fraud might be a concern.

Contention

While AB 1538 is positioned to enhance consumer rights, there are points of contention concerning insurer discretion in cases of suspected fraud or safety concerns. The bill allows insurers to require repairs as a condition for payment if safety features are compromised. Thus, while empowering consumers, it also raises questions about how insurers might manage or interpret these circumstances, possibly leading to disputes. Stakeholders in the insurance industry and consumer protection groups will need to navigate these complexities as the bill progresses.

Companion Bills

No companion bills found.

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