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NC Code | Diminished Value

North Carolina Statute on Diminished Value: GS 20-279.21

North Carolina Statute on Diminished Value GS 20-279.21

(d1) Such motor vehicle liability policy shall provide an alternative method of determining the amount of property damage to a motor vehicle when liability for coverage for the claim is not in dispute. For a claim for property damage to a motor vehicle against an insurer, the policy shall provide that if:

(1) The claimant and the insurer fail to agree as to the difference in fair market value of the vehicle immediately before the accident and immediately after the accident; and

(2) The difference in the claimant’s and the insurer’s estimate of the diminution in fair market value is greater than two thousand dollars ($2,000) or twenty-five percent (25%) of the fair market retail value of the vehicle prior to the accident as determined by the latest edition of the National Automobile Dealers Association Pricing Guide Book or other publications approved by the Commissioner of Insurance, whichever is less, then on the written demand of either the claimant or the insurer, each shall select a competent and disinterested appraiser and notify the other of the appraiser selected within 20 days after the demand. The appraisers shall then appraise the loss. Should the appraisers fail to agree, they shall then select a competent and disinterested appraiser to serve as an umpire. If the appraisers cannot agree upon an umpire within 15 days, either the claimant or the insurer may request that a magistrate resident in the county where the insured motor vehicle is registered or the county where the accident occurred select the umpire. The appraisers shall then submit their differences to the umpire. The umpire then shall prepare a report determining the amount of the loss and shall file the report with the insurer and the claimant. The agreement of the two appraisers or the report of the umpire, when filed with the insurer and the claimant, shall determine the amount of the damages. In preparing the report, the umpire shall not award damages that are higher or lower than the determinations of the appraisers. In no event shall appraisers or the umpire make any determination as to liability for damages or as to whether the policy provides coverage for claims asserted. The claimant or the insurer shall have 15 days from the filing of the report to reject the report and notify the other party of such rejection. If the report is not rejected within 15 days from the filing of the report, the report shall be binding upon both the claimant and the insurer. Each appraiser shall be paid by the party selecting the appraiser, and the expenses of appraisal and umpire shall be paid by the parties equally. For purposes of this section, “appraiser” and “umpire” shall mean a person who as a part of his or her regular employment is in the business of advising relative to the nature and amount of motor vehicle damage and the fair market value of damaged and undamaged motor vehicles.

NC Senate Bill 660 S660v7

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-440

SENATE BILL 660

 

AN ACT TO PROVIDE AN ALTERNATIVE METHOD OF DETERMINING PROPERTY

DAMAGES AS A PART OF MOTOR VEHICLE LIABILITY INSURANCE.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 20-279.21 is amended by adding a new subsection to read:

“§ 20-279.21. “Motor vehicle liability policy” defined.

(d1) Such motor vehicle liability policy shall provide an alternative method of

determining the amount of property damage to a motor vehicle when liability for coverage for

the claim is not in dispute. For a claim for property damage to a motor vehicle against an

insurer, the policy shall provide that if:

(1) The claimant and the insurer fail to agree as to the difference in fair market

value of the vehicle immediately before the accident and immediately after

the accident; and

(2) The difference in the claimant’s and the insurer’s estimate of the diminution

in fair market value is greater than two thousand dollars ($2,000) or

twenty-five percent (25%) of the fair market retail value of the vehicle prior

to the accident as determined by the latest edition of the National

Automobile Dealers Association Pricing Guide Book or other publications

approved by the Commissioner of Insurance, whichever is less, then on the

written demand of either the claimant or the insurer, each shall select a

competent and disinterested appraiser and notify the other of the appraiser

selected within 20 days after the demand. The appraisers shall then appraise

the loss. Should the appraisers fail to agree, they shall then select a

competent and disinterested appraiser to serve as an umpire. If the appraisers

cannot agree upon an umpire within 15 days, either the claimant or the

insurer may request that a magistrate resident in the county where the

insured motor vehicle is registered or the county where the accident occurred

select the umpire. The appraisers shall then submit their differences to the

umpire. The umpire then shall prepare a report determining the amount of

the loss and shall file the report with the insurer and the claimant. The

agreement of the two appraisers or the report of the umpire, when filed with

the insurer and the claimant, shall determine the amount of the damages. In

preparing the report, the umpire shall not award damages that are higher or

lower than the determinations of the appraisers. In no event shall appraisers

or the umpire make any determination as to liability for damages or as to

whether the policy provides coverage for claims asserted. The claimant or

the insurer shall have 15 days from the filing of the report to reject the report

and notify the other party of such rejection. If the report is not rejected

within 15 days from the filing of the report, the report shall be binding upon

both the claimant and the insurer. Each appraiser shall be paid by the party

selecting the appraiser, and the expenses of appraisal and umpire shall be

paid by the parties equally. For purposes of this section, “appraiser” and

“umpire” shall mean a person who as a part of his or her regular employment

is in the business of advising relative to the nature and amount of motor

vehicle damage and the fair market value of damaged and undamaged motor

vehicles.

….”

Page 2 Session Law 2009-440 SL2009-0440

SECTION 2. G.S. 7A-292 is amended by adding a new subdivision to read:

Ҥ 7A-292. Additional powers of magistrates.

In addition to the jurisdiction and powers assigned in this Chapter to the magistrate in civil

and criminal actions, each magistrate has the following additional powers:

(15) To appoint an umpire to determine motor vehicle liability policy diminution

in value, as provided in G.S. 20-279.21(d1).”

SECTION 3. This act becomes effective October 1, 2009, and applies to motor

vehicle liability insurance policies issued or renewed on or after that date.

In the General Assembly read three times and ratified this the 3rd day of August,

2009.

s/ Walter H. Dalton

President of the Senate

s/ Joe Hackney

Speaker of the House of Representatives

s/ Beverly E. Perdue

Governor

Approved 11:07 a.m. this 7th day of August, 2009

 

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