I 
110TH CONGRESS 
1ST SESSION H. R. 2811 
To improve consumer access to passenger vehicle loss data held by insurers. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2007 
Mr. JEFFERSON (for himself and Mr. CONYERS) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Financial Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To improve consumer access to passenger vehicle loss data 
held by insurers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Passenger Vehicle Loss 
Disclosure Act’’. 
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 fol-
lowing: 
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‘‘(d) DISCLOSURE OF LOSS DATA FOR PASSENGER 
MOTOR VEHICLES.— 
‘‘(1) SPECIFIC TOTAL LOSS DATA TO BE DIS-
CLOSED.—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 pas-
senger 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: 
‘‘(A) The vehicle identification number of 
the vehicle. 
‘‘(B) The date of declaration or determina-
tion of the total loss. 
‘‘(C) The odometer reading on the date of 
the declaration or determination of total loss. 
‘‘(D) A statement as to whether the pri-
mary reason for the declaration or determina-
tion of total loss is— 
‘‘(i) flood or water damage; 
‘‘(ii) collision or fire damage; 
‘‘(iii) theft and recovery; or 
‘‘(iv) some other reason. 
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‘‘(E) A statement as to whether, as a re-
sult of the incident that prompted the declara-
tion or determination of total loss, 1 or more 
airbags were deployed. 
‘‘(2) TIME
FOR
DISCLOSURE.—The Secretary 
shall require the disclosure described in paragraph 
(1) to be made not later than— 
‘‘(A) the date on which the insurer termi-
nates coverage on the vehicle due to the total 
loss of the vehicle; or 
‘‘(B) the date on which the self-insurer de-
termines the vehicle to be a total loss. 
‘‘(3) VEHICLES
TO
WHICH
DISCLOSURE
RE-
QUIREMENT APPLIES.— 
‘‘(A) INSURERS.—Paragraph (1) applies to 
a declaration of total loss by an insurer for any 
passenger motor vehicle with respect to which— 
‘‘(i) the insurer obtains from an in-
sured pursuant to a settlement resulting in 
the termination of the current coverage by 
the insurer for that vehicle; 
‘‘(ii) the insurer permits the insured 
to retain pursuant to a settlement result-
ing in the termination of the current cov-
erage by the insurer for that vehicle; or 
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‘‘(iii) the insurer terminates coverage 
following the theft of, damage to, or other 
circumstances that adversely affect the fair 
market value of that vehicle. 
‘‘(B) SELF-INSURERS.—Paragraph (1) ap-
plies 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. 
‘‘(4) APPLICATION
WITH
STATE
LAWS.—The 
disclosure required by this subsection applies with-
out regard to whether— 
‘‘(A) the insurer or self-insurer obtains a 
certificate of title for the passenger motor vehi-
cle under State motor vehicle titling law; 
‘‘(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; 
‘‘(C) the insurer or self-insurer files any 
other notification with a State motor vehicle ti-
tling agency with respect to the passenger 
motor vehicle; or 
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‘‘(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. 
‘‘(5) USE OF PRIVATE SECTOR RESOURCES.— 
‘‘(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. 
‘‘(B) LOOKUP
IDENTIFIER.—The Sec-
retary shall ensure that all total loss data dis-
closed in accordance with subparagraph (A) is 
accessible by vehicle identification number. 
‘‘(6) LIABILITY PROTECTION FOR PUBLIC DIS-
CLOSURE.—Any person performing any activity re-
lated to the public disclosure of the data under this 
subsection in good faith and with the reasonable be-
lief that such activity was in accordance with this 
subsection shall be immune from any civil action re-
specting such activity seeking money damages or eq-
uitable relief in any court of the United States or of 
a State. 
‘‘(7) DEFINITIONS.—In this subsection: 
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‘‘(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 motor-
cycles, but not including trailers. 
‘‘(B) SELF-INSURER.—The term ‘self-in-
surer’ 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 in-
surer.’’. 
(b) REGULATIONS.—The Secretary of Transportation 
shall promulgate the regulations required by section 
32303(d) of title 49, United States Code, as added by sub-
section (a), not later than 1 year after the date of the 
enactment of this Act. 
Æ 
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