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S.422 - Passenger Vehicle Loss Disclosure Act of 2011
A bill to improve consumer access to passenger vehicle loss data held by insurers, and for other purposes.
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SECTION 1. SHORT TITLE.
SEC. 2. DISCLOSURE OF TOTAL LOSS DATA.
‘(1) SPECIFIC TOTAL LOSS DATA TO BE DISCLOSED- The Secretary of Transportation shall by regulation require all insurers and self-insurers of passenger motor vehicles to disclose to the public in a commercially reasonable, electronically accessible manner the following information for every passenger motor vehicle described in paragraph (3) that has been declared a total loss by such an insurer or determined to be a total loss by such a self-insurer:CommentsClose CommentsPermalink
‘(B) SELF-INSURERS- Paragraph (1) applies to a determination of total loss by a self-insurer for any passenger motor vehicle that the self-insurer determines has sustained sufficient damage to be a total loss.CommentsClose CommentsPermalink
‘(B) the insurer or self-insurer obtains a branded certificate of title for a passenger motor vehicle under State motor vehicle titling law to connote the type of damage or condition conveyed by the disclosure of total loss data;CommentsClose CommentsPermalink
‘(D) the insurer or self-insurer disposes of or receives proceeds from the disposition of a passenger motor vehicle upon termination of coverage following the theft of, damage to, or other circumstances that adversely affect the fair market value of that vehicle.CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall rely on the private sector to collect, aggregate, and disclose to the public the data required to be disclosed under this subsection.CommentsClose CommentsPermalink
‘(B) LOOKUP IDENTIFIER- The Secretary shall ensure that all total loss data disclosed in accordance with subparagraph (A) is accessible by vehicle identification number.CommentsClose CommentsPermalink
‘(6) LIABILITY PROTECTION FOR PUBLIC DISCLOSURE- Any person performing any activity related to the public disclosure of the data under this subsection in good faith and with the reasonable belief that such activity was in accordance with this subsection shall be immune from any civil action respecting such activity seeking money damages or equitable relief in any court of the United States or of a State.CommentsClose CommentsPermalink
‘(A) PASSENGER MOTOR VEHICLE- The term ‘passenger motor vehicle’ means a motor vehicle with motive power designed for carrying 10 or fewer persons, including multipurpose passenger vehicles, light trucks, and motorcycles, but not including trailers.CommentsClose CommentsPermalink
‘(B) SELF-INSURER- The term ‘self-insurer’ means a person that retains all or part of the risk of loss with respect to passenger motor vehicles it owns instead of using an insurer.’.CommentsClose CommentsPermalink
(b) Regulations- Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall promulgate the regulations required by