South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-16 - Motor Vehicle Damage Appraisers; General Methods by Which Such Appraisers Shall Conduct Their Business; Suspension or Revocation of an Appraiser's License

Current through Register Vol. 48, No. 6, June 28, 2024
1. As used
		  herein, the word "appraiser" means any person who, or any partnership,
		  association, or corporation which, practices as a business the appraising of
		  damages to motor vehicles insured under automobile physical damage policies or
		  in respect to third party property damage liability claims and who or which is
		  licensed by the Commissioner to act as an appraiser.
1.1 Employees of insurance companies who are
		  licensed as adjusters, and other persons who are licensed as adjusters and who
		  perform loss or claim adjustments in behalf of insurers, are not required to be
		  licensed as appraisers if their activities as appraisers are in behalf of an
		  insurer which directly and for its own account will perform the repairs itself
		  or which will have the repairs effected directly by a repair shop as its agent
		  for its own account and become responsible itself for such repairs and make
		  payment directly to the repair shop for such repairs.
1.2 Employees of insurance companies who are
		  licensed as adjusters, and other persons who are licensed as adjusters and who
		  perform loss or claim adjustments in behalf of insurers, are required to be
		  licensed as appraisers if their activities consist of making appraisals of
		  damaged motor vehicles solely for purposes of arriving at an agreed price for
		  repairing such motor vehicles under circumstances wherein the contract or
		  agreement to repair the damaged motor vehicle is expected to be made between
		  the repair shop and the owner and wherein the insurer assumes no direct
		  responsibility for the adequacy of the repairs or payment therefor or other
		  than inclusion of the repair shop as a joint payee on the settlement check or
		  draft.
1.3 Before being issued a
		  license, an applicant shall stand a written examination to determine that the
		  applicant is qualified as an appraiser. Such examination shall be subject to,
		  and administered in accordance with, the procedures set forth in Regulation
		  Regulation
		  69-23(6)(f).
		  Any examination fees which may be charged by an outside testing authority shall
		  be in addition to, and not in lieu of, the annual license fee required by Code
		  Section 56-13-20.
2. Every
		  appraiser, while engaged in his duties as such appraiser, shall carry the
		  license issued to him by the Commissioner and shall offer to display it to an
		  owner whose motor vehicle is being inspected, to the repair shop representative
		  involved, or to any authorized representative of the Commissioner.
3. An appraiser may agree on a price for
		  repairing a damaged motor vehicle only with a repair shop.
4. The appraiser shall leave a legible signed
		  copy of his appraisal with the repair shop selected to make the repairs, which
		  appraisal shall contain the name of the owner of the motor vehicle, the name of
		  the insurer ordering the appraisal and its claim number, if known, the number
		  of the appraiser's license and the proper number of the motor vehicle
		  inspected.
4.1. All damage to the
		  motor vehicle which is considered by the appraiser to be unrelated or old
		  damage and which is not included in the repair price shall be clearly indicated
		  on the appraisal.
5. If the
		  appraiser and the repair shop fail to agree on a price for repairs, the
		  appraiser shall not obtain a competitive estimate from another repair shop
		  unless the owner thereof or his authorized agent shall have actually inspected
		  the vehicle. No such competitive estimate shall be obtained by the use of
		  photographs, telephone calls, or in any manner whatsoever other than actual,
		  personal inspection.
6. No
		  appraiser shall request that repairs be made in a specified repair
		  shop.
7. Every appraiser shall
		  reinspect damaged motor vehicles when supplementary allowances are requested by
		  repair shops.
8. Every appraiser
		  shall:
(1) Conduct himself in such a manner as
		  to inspire public confidence by fair and honorable dealing;
(2) Approach the appraisal of damaged motor
		  vehicles without prejudice against, or favoritism toward, any party involved in
		  order to make fair and impartial appraisals;
(3) Disregard any efforts on the part of
		  others to influence his judgment in the interest of any of the parties
		  involved;
(4) Prepare an
		  independent, objective appraisal of damage.