According to the new law I am supposed to negotiate with the insurance co. first. Then we get appraisers if we can't agree.
http://www.ncleg.net/sessions/2009/bills/house/pdf/h893v1.pdf
This is the law that went into effect 10/09.
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 893
Short Title: Auto Insurance Diminution in Value. (Public)
Sponsors: Representatives Justice, Grady (Primary Sponsors); and Stiller.
Referred to: Judiciary III, if favorable, Insurance.
March 31, 2009
*H893-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE COVERAGE FOR DIMINUTION IN VALUE AS A PART OF 2
MOTOR VEHICLE LIABILITY INSURANCE PROPERTY COVERAGE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 20-279.21 is amended by adding a new subsection to read: 5
"§ 20-279.21. "Motor vehicle liability policy" defined. 6
… 7
(d1) Such motor vehicle liability policy shall provide coverage for the diminished value 8
of a motor vehicle after it has been repaired. In case the claimant and the insurer fail to agree as 9
to the diminished value of a motor vehicle after repair, on the written demand of either, each 10
shall select a competent and disinterested appraiser and notify the other of the appraiser 11
selected within 20 days after the demand. The appraisers shall first select a competent and 12
disinterested appraiser to serve as an umpire. If the appraisers cannot agree upon an umpire 13
within 15 days, either the claimant or the insurer may request that a magistrate resident in the 14
county where the insured motor vehicle is registered select the umpire. The appraisers shall 15
then appraise the loss, stating separately the diminished value of the motor vehicle. Should the 16
appraisers fail to agree, they shall submit their differences to the umpire. The umpire shall 17
prepare a report determining the amount of diminished value and file the report with the 18
insurer. The agreement of the two appraisers, or the report of the umpire, when filed with the 19
insurer, shall determine the amount of diminished value. Each appraiser shall be paid by the 20
party selecting him and the expenses of appraisal and umpire shall be paid by the parties 21
equally. For purposes of this section, "appraiser" shall mean a motor vehicle damage appraiser 22
licensed by the Department of Insurance. 23
…." 24
SECTION 2. G.S. 7A-292 is amended by adding a new subdivision to read: 25
"§ 7A-292. Additional powers of magistrates. 26
In addition to the jurisdiction and powers assigned in this Chapter to the magistrate in civil 27
and criminal actions, each magistrate has the following additional powers: 28
… 29
(15) To appoint an umpire to determine motor vehicle liability policy diminution 30
in value, as provided in G.S. 20-279.21(d1)." 31
SECTION 3. This act becomes effective October 1, 2009, and applies to motor 32
vehicle liability insurance policies issued or renewed on or after that date. 33