S 422 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 422CommentsClose CommentsPermalink

To improve consumer access to passenger vehicle loss data held by insurers, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 1, 2011CommentsClose CommentsPermalink

Mr. ENSIGN introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To improve consumer access to passenger vehicle loss data held by insurers, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Passenger Vehicle Loss Disclosure Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. DISCLOSURE OF TOTAL LOSS DATA.

(a) In General- Section 32303 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Disclosure of Loss Data for Passenger Motor Vehicles-CommentsClose CommentsPermalink





‘(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





‘(A) The vehicle identification number of the vehicle.CommentsClose CommentsPermalink





‘(B) The date of declaration or determination of the total loss.CommentsClose CommentsPermalink





‘(C) The odometer reading on the date of the declaration or determination of total loss.CommentsClose CommentsPermalink





‘(D) A statement as to whether the primary reason for the declaration or determination of total loss is--CommentsClose CommentsPermalink





‘(i) flood or water damage;CommentsClose CommentsPermalink





‘(ii) collision or fire damage;CommentsClose CommentsPermalink





‘(iii) theft and recovery; orCommentsClose CommentsPermalink





‘(iv) some other reason.CommentsClose CommentsPermalink





‘(E) A statement as to whether, as a result of the incident that prompted the declaration or determination of total loss, 1 or more airbags were deployed.CommentsClose CommentsPermalink





‘(2) TIME FOR DISCLOSURE- The Secretary shall require the disclosure described in paragraph (1) to be made not later than--CommentsClose CommentsPermalink





‘(A) the date on which the insurer terminates coverage on the vehicle due to the total loss of the vehicle; orCommentsClose CommentsPermalink





‘(B) the date on which the self-insurer determines the vehicle to be a total loss.CommentsClose CommentsPermalink





‘(3) VEHICLES TO WHICH DISCLOSURE REQUIREMENT APPLIES-CommentsClose CommentsPermalink





‘(A) INSURERS- Paragraph (1) applies to a declaration of total loss by an insurer for any passenger motor vehicle with respect to which--CommentsClose CommentsPermalink





‘(i) the insurer obtains from an insured pursuant to a settlement resulting in the termination of the current coverage by the insurer for that vehicle;CommentsClose CommentsPermalink





‘(ii) the insurer permits the insured to retain pursuant to a settlement resulting in the termination of the current coverage by the insurer for that vehicle; orCommentsClose CommentsPermalink





‘(iii) the insurer terminates coverage following the theft of, damage to, or other circumstances that adversely affect the fair market value of that vehicle.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





‘(4) APPLICATION WITH STATE LAWS- The disclosure required by this subsection applies without regard to whether--CommentsClose CommentsPermalink





‘(A) the insurer or self-insurer obtains a certificate of title for the passenger motor vehicle under State motor vehicle titling law;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





‘(C) the insurer or self-insurer files any other notification with a State motor vehicle titling agency with respect to the passenger motor vehicle; orCommentsClose 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





‘(5) USE OF PRIVATE SECTOR RESOURCES-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





‘(7) DEFINITIONS- In this subsection: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 section 32303(d) of title 49, United States Code, as added by subsection (a).CommentsClose CommentsPermalink