| ArizonaAll Arizona rules | Arizona's captured law has no appraisal rule or required appraisal clause. The insurer can't make a practice of lowballing your customer into suing, must try in good faith to settle once liability is clear, and must explain a compromise offer, but only the Department enforces those rules. A first-party claim unpaid 30 days after a complete proof of loss earns interest. How a policy's appraisal clause works is a question for the Department of Insurance or a lawyer. Section 20-461 gives only an administrative remedy to the director, not a private right to sue. The 30-day interest rule covers claims paid directly to the insured, a named beneficiary or an assigned provider, and not claims denied in good faith within 30 days. | Other dispute rulesFrom a list that begins: “A person shall not commit or perform with such a frequency to indicate as a general business practice any of the following:” “8. Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds.” A.R.S. § 20-461, azleg.gov text, 2026 session update Other dispute rulesFrom a list that begins: “A person shall not commit or perform with such a frequency to indicate as a general business practice any of the following:” “6. Not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear.” A.R.S. § 20-461, azleg.gov text, 2026 session update Other dispute rulesFrom a list that begins: “A person shall not commit or perform with such a frequency to indicate as a general business practice any of the following:” “15. Failing to promptly provide a reasonable explanation of the basis in the insurance policy relative to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.” A.R.S. § 20-461, azleg.gov text, 2026 session update Other dispute rules“D. Nothing contained in this section is intended to provide any private right or cause of action to or on behalf of any insured or uninsured resident or nonresident of this state.” A.R.S. § 20-461, azleg.gov text, 2026 session update Other dispute rules“any first party claim not paid within thirty days after the receipt of an acceptable proof of loss by the insurer which contains all information necessary for claim adjudication shall be required to pay interest at the legal rate from the date the claim is received by the insurer.” A.R.S. § 20-462, azleg.gov text, 2026 session update |
| CaliforniaAll California rules | California doesn't require an appraisal clause. On your customer's own total loss, if they tell the insurer within 35 days that they can't buy a comparable car for the settlement, it must reopen the claim and then find one, pay the difference or buy the car, or invoke the policy's appraisal provision; that choice is the insurer's. If your written estimate is higher, it must pay the difference, name a shop that will match its estimate, or reasonably adjust yours. Unreasonably low offers are prohibited. The 35-day reopening and the appraisal option apply to first party total loss claims, and the insurer need not act if it named a specific available comparable car at the final offer. The estimate rule in 2695.8(f) applies to partial losses settled on an estimate prepared by or for the insurer. | Other dispute rules“In first party automobile total loss claims, every insurer shall provide notice to the insured at the time the settlement payment is sent or final settlement offer is made that if notified by the insured within thirty-five (35) calendar days after the insured receives the claim payment or final settlement offer that said insured cannot purchase a comparable automobile for the gross settlement amount, the insurer will reopen its claim file.” 10 CCR 2695.8, effective 1/1/2017 (Cornell LII copy) How appraisal worksFrom a list that begins: “If subsequently notified by the insured the insurer shall reopen its claim file and utilize the following procedures:” “(2) The insurer shall either pay the insured the difference between the amount of the gross settlement and the cost of the comparable automobile which the insured has located, or negotiate and purchase this vehicle for the insured; or,
(3) The insurer shall invoke the appraisal provision of the insurance policy.” 10 CCR 2695.8, effective 1/1/2017 (Cornell LII copy) Other dispute rules“If the claimant subsequently contends, based upon a written estimate that the claimant obtains, that necessary repairs will exceed the written estimate prepared by or for the insurer, the insurer shall:
(1) pay the difference between the written estimate and a higher estimate obtained by the claimant; or,” 10 CCR 2695.8, effective 1/1/2017 (Cornell LII copy) Other dispute rules“(2) if requested by the claimant, promptly provide the claimant with the name of at least one repair shop that will make the repairs for the amount of the insurer's written estimate. The insurer shall cause the damaged vehicle to be restored to its condition prior to the loss at no additional cost to the claimant other than as stated in the policy or as otherwise allowed by law.” 10 CCR 2695.8, effective 1/1/2017 (Cornell LII copy) Other dispute rules“(g) No insurer shall attempt to settle a claim by making a settlement offer that is unreasonably low.” 10 CCR 2695.7, effective 8/30/2006 (Cornell LII copy) |
| ColoradoAll Colorado rules | Colorado has no statute or rule requiring an appraisal clause or setting how appraisal works. The insurer can't require that appraisals or repairs be done by a particular shop, and its estimate must be enough to restore the car to pre-loss condition. On your customer's own claim, the insurer has 60 days to decide or pay unless there's a reasonable dispute, and an appraisal in progress can count as one. You or your customer can complain in writing to the commissioner. 3 CCR 702-5-1-14 applies to first party property and casualty claims; if the insurer misses the 60 days with no reasonable dispute, the commissioner may impose a penalty paid to the insured, 8% annual interest on claims over $100. A claim isn't complete until any appraisal to set its value is finished. CRS 10-4-120 covers policies insuring real or personal property. | Other dispute rulesFrom a list that begins: “An insurer or its agent that issues or renews a policy that insures real or personal property shall not:” “(a) Directly or indirectly require that appraisals or repairs to the property be made or not be made by a specified repair business;” CRS 10-4-120, 2026 edition Other dispute rulesFrom a list that begins: “An insurer or its agent that issues or renews a policy that insures real or personal property shall:” “(b) Require that any estimate prepared by or for the insurer covering damages that are visible or evident at the time of inspection is adequate to restore the property within a reasonable time to its condition before the loss, in accordance with applicable policy provisions;” CRS 10-4-120, 2026 edition Other dispute rules“(5) A beneficiary, claimant, or repair business may submit a written, documented complaint to the commissioner alleging a violation of this section.” CRS 10-4-120, 2026 edition How appraisal worksFrom a list that begins: “b. A reasonable dispute may include, but is not limited to:” “(6) Litigation is commenced on the claim; or
(7) Negotiations or appraisals are in process to determine the
value of a claim.” 3 CCR 702-5-1-14, effective 9/1/2012 How appraisal worksFrom a list that begins: “a. A valid and complete claim is deemed received by the insurer
when:” “(7) Negotiations or appraisals to determine the value of the
claim have been completed; and/or” 3 CCR 702-5-1-14, effective 9/1/2012 |
| FloridaAll Florida rules | Florida has no law requiring an appraisal clause in auto policies, and its auto claims statute neither authorizes nor blocks enforcing a policy's settlement-dispute terms. The appraisal rules in its bad-faith statute are for residential property claims, not auto. If the insurer requires a particular shop, it must restore the car to pre-loss condition at no extra cost beyond the policy. Your customer may be able to sue their own insurer for bad-faith failure to settle, after 60 days' written notice. 626.9743 covers personal and commercial motor vehicle claims. 624.155's appraisal provisions (tolling, and no bad-faith notice within 60 days after appraisal is invoked) apply to residential property insurance claims, not auto. The bad-faith suit needs 60 days' written notice to the Department and the insurer, and no action lies if the insurer pays or fixes the problem within those 60 days. | Other dispute rules“(10) Nothing in this section shall be construed to authorize or preclude enforcement of policy provisions relating to settlement disputes.” Fla. Stat. 626.9743, 2026 edition Other dispute rules“(3) An insurer that elects to repair a motor vehicle and specifically requires a particular repair shop for vehicle repairs shall cause the damaged vehicle to be restored to its physical condition as to performance and appearance immediately prior to the loss at no additional cost to the insured or third-party claimant other than as stated in the policy.” Fla. Stat. 626.9743, 2026 edition Other dispute rules“(7) Every insurer shall, if partial losses are settled on the basis of a written estimate prepared by or for the insurer, supply the insured a copy of the estimate upon which the settlement is based.” Fla. Stat. 626.9743, 2026 edition Other dispute rulesFrom a list that begins: “(1) Any person may bring a civil action against an insurer when such person is damaged:” “(b) By the commission of any of the following acts by the insurer:
1. Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests;” Fla. Stat. 624.155, 2026 edition Other dispute rules“(j) An adjuster shall not knowingly fail to advise a claimant of the claimant's claim options in accordance with the terms and conditions of the insurance contract.” Fla. Admin. Code 69B-220.201, effective 4/21/2025 |
| GeorgiaAll Georgia rules | Georgia doesn't require an appraisal clause. Its rules offer Commissioner arbitration only if the Commissioner has set up a panel, which the captured law doesn't confirm. Then, once the insurer affirms liability on your customer's own claim and the amount is disputed, either side can ask in writing; the result binds both and they split the cost. If your customer's written estimate is higher, the insurer must respond within 15 days and name a shop that will repair for its estimate or pay the difference. The arbitration rule sits in the first-party property damage rules for personal private passenger policies and applies once liability is affirmed. The Commissioner 'may' set up the panel; each case is heard by three members, at least one attorney and one licensed adjuster, and the decision is not the Commissioner's own. The statute authorizing the panel speaks of total-loss disputes; the rule does not limit it that way. Under the estimate rule, the shop the insurer names must make repairs that are commercially acceptable and conform with industry standards. | How appraisal worksFrom a list that begins: “Such procedures may include, but shall not be limited to:” “(6) Establishment of a panel for arbitration of disputed property damage claims where such claims involve total losses.” O.C.G.A. 33-34-8, 2019 official release (public.resource.org copy) Appraisal right“If the insurer has affirmed liability on a claim, or affirmed liability for individual coverages where the claim involves multiple coverages and the amount payable is in dispute, the insured, or the insurer, may submit to the Commissioner a request for their case to be arbitrated.” Ga. Comp. R. & Regs. 120-2-52-.03, effective 7/1/2022 How appraisal works“Any claim settled pursuant to this Chapter shall be binding on both parties and fulfill any arbitration provision currently contained in the motor vehicle insurance policy, but shall not preclude or waive any other rights either party has under common law.” Ga. Comp. R. & Regs. 120-2-52-.03, effective 7/1/2022 How appraisal works“If an arbitration panel has been established, the Commissioner shall forward the written request for arbitration to the three (3) individuals selected to hear such request. The cost of the arbitration shall be borne equally by the parties to the arbitration.” Ga. Comp. R. & Regs. 120-2-52-.03, effective 7/1/2022 Other dispute rules“If the insured subsequently shows, based upon a written estimate which he obtains, that necessary repairs will exceed the written estimate prepared by or for the insurer, the insurer shall review and respond within fifteen (15) days. The insurer shall either provide the insured with the name of a repair shop that will make the repairs according to the written estimate obtained by the insurer” Ga. Comp. R. & Regs. 120-2-52-.04, effective 4/18/1994 |
| IllinoisAll Illinois rules | Illinois doesn't require an appraisal clause. On a private passenger total loss, if your customer can't buy a comparable car for the settlement within 30 days of getting the check, the insurer must reopen the claim; it may then choose to settle under the policy's appraisal section, which binds both sides. That choice is the insurer's, not your customer's. If your customer's repair estimate is higher, the insurer must name a shop or promise in writing to pay reasonable costs above its estimate. 919.80's total loss recourse and estimate rules apply to private passenger auto claims and speak of the insured. Appraisal is one of several options the company may choose, and none is required if it gave written notice of a specific available comparable vehicle at settlement. Section 155 lets a court add attorney fees and capped extra amounts when an action or delay is vexatious and unreasonable. | Other dispute rules“(1) In any action by or against a company wherein there is in issue the liability of a company on a policy or policies of insurance or the amount of the loss payable thereunder, or for an unreasonable delay in settling a claim, and it appears to the court that such action or delay is vexatious and unreasonable, the court may allow as part of the taxable costs in the action reasonable attorney fees” 215 ILCS 5/155, effective 1/1/2004 Other dispute rules“F) Right of Recourse - If within 30 days after the receipt of the claim draft, the insured cannot purchase a comparable vehicle in excess of such market value, the company will reopen its claim file and the following procedure(s) shall apply:” 50 Ill. Adm. Code 919.80, effective 7/22/2002 How appraisal works“iv) The company may conclude the loss settlement as provided for under the appraisal section of the insurance contract in force at the time of loss. This appraisal shall be considered as binding against both parties, but shall not preclude or waive any other rights either party has under the insurance contract or at common law.” 50 Ill. Adm. Code 919.80, effective 7/22/2002 Other dispute rules“If the insured subsequently claims, based upon a written estimate which he obtains, that necessary repairs will exceed the written estimate prepared by or for the company, the company shall review and respond promptly to the insured and provide the insured with the name of a repair shop that will make the repairs in a workmanlike manner.” 50 Ill. Adm. Code 919.80, effective 7/22/2002 Other dispute rules“Failure of the company to so inform the insured of the name of such a repair shop shall require the company to provide written notice to the insured that any and all reasonable costs incurred for repair or replacement related to the partial loss in excess of the company's estimate will be reimbursed by the company.” 50 Ill. Adm. Code 919.80, effective 7/22/2002 |
| IndianaAll Indiana rules | Indiana's captured law has no appraisal statute: nothing in it requires an appraisal clause or says who can demand one. Its unfair claims list is the fallback: lowballing your customer into suing, not trying in good faith to settle once liability is clear, not explaining a compromise offer, and making known a policy of appealing arbitration awards to force smaller settlements. Whether a policy's appraisal clause applies, and how these rules are enforced, is a question for the Department of Insurance or a lawyer. The captured text of IC 27-4-1-4.5 lists unfair claim settlement practices but does not itself state who enforces them or give a right to sue. | Other dispute rulesFrom a list that begins: “The following are unfair claim settlement practices:” “(7) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds.” IC 27-4-1-4.5, Indiana Code 2026 edition Other dispute rulesFrom a list that begins: “The following are unfair claim settlement practices:” “(6) Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.” IC 27-4-1-4.5, Indiana Code 2026 edition Other dispute rulesFrom a list that begins: “The following are unfair claim settlement practices:” “(14) Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.” IC 27-4-1-4.5, Indiana Code 2026 edition Other dispute rulesFrom a list that begins: “The following are unfair claim settlement practices:” “(11) Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.” IC 27-4-1-4.5, Indiana Code 2026 edition |
| MarylandAll Maryland rules | Maryland's captured law has no appraisal statute or required appraisal clause. On a total loss, the insurer's offer must tell your customer they can get the valuation method in writing and can reject the offer in writing with a counteroffer; if the insurer rejects that, it must explain why within 5 business days. A pattern of lowballing to force lawsuits is an unfair practice. On their own policy, your customer can file a bad-faith complaint with the Maryland Insurance Administration first, then sue. The total-loss rules cover first- and third-party claimants; the insurer must answer a written-information request within 7 business days, and the 5-day explanation comes from COMAR 31.15.12.06. The bad-faith action covers first-party property and casualty claims only, attorney fees are capped at one-third of actual damages, and small-claims cases skip the Administration step. | Other dispute rulesFrom a list that begins: “It is an unfair claim settlement practice and a violation of this subtitle for an insurer, nonprofit health service plan, or health maintenance organization, when committed with the frequency to indicate a general business practice, to:” “(7) compel insureds to institute litigation to recover amounts due under policies by offering substantially less than the amounts ultimately recovered in actions brought by the insureds;” Md. Code, Ins. § 27-304, mgaleg.maryland.gov text in effect as of 10/1/2026 Other dispute rules“(d) (1) A complaint stating a cause of action under § 3–1701 of the Courts Article shall first be filed with the Administration.” Md. Code, Ins. § 27-1001, mgaleg.maryland.gov text in effect as of 10/1/2026 Other dispute rules“(e) Notwithstanding any other provision of law, if the trier of fact in an action under this section finds in favor of the insured and finds that the insurer failed to act in good faith, the insured may recover from the insurer:” Md. Code, Cts. & Jud. Proc. § 3-1701, mgaleg.maryland.gov text in effect as of 10/1/2026 Other dispute rulesFrom a list that begins: “A settlement offer made by an insurer pursuant to Regulation .04 of this chapter shall:” “(2) Inform the claimant that, on request from the claimant, the insurer shall provide the claimant in writing:
(a) A copy of the settlement offer;
(b) The method used to arrive at the value of the motor vehicle, including identification of any books, manuals, or databases used;” COMAR 31.15.12.05, effective 7/5/2004 Other dispute rulesFrom a list that begins: “A settlement offer made by an insurer pursuant to Regulation .04 of this chapter shall:” “(3) Inform the claimant that the claimant may, in writing, reject the settlement offer and make a counteroffer in accordance with Regulation .06 of this chapter.” COMAR 31.15.12.05, effective 7/5/2004 |
| MassachusettsAll Massachusetts rules | Massachusetts requires every policy covering physical damage to the insured's own car to include an appraisal clause. If your customer, as named insured, and the insurer can't agree on the amount of loss, either can demand appraisal in writing within 60 days after the insurer gets proof of loss. Each picks an appraiser, the two pick an umpire, a written award by any two sets the amount, and each side pays its own appraiser and splits the rest. Section 191A covers the named insured's own physical damage policy, not third-party claims; if the appraisers can't agree on an umpire within 15 days, a judge picks one, and the insurer must pay within 60 days after proof of loss as the policy provides. Outside appraisal, the insurer's appraiser and your shop must try to agree on the repair cost, and under c. 26, § 8G, no appraiser may complete an auto damage report unless licensed. | Appraisal right“If the named insured and the company fail to agree as to the amount of loss, each shall, on the written demand of either, made within sixty days after receipt of proof of loss by the company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place.” M.G.L. c. 175, § 191A, General Laws text with amendments passed before 5/31/2026 How appraisal works“An award in writing of any two shall determine the amount of loss. The named insured and the company shall each pay his or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire.” M.G.L. c. 175, § 191A, General Laws text with amendments passed before 5/31/2026 Other dispute rules“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 of such other shop, or his authorized agent, either of which shall be a licensed appraiser, has inspected the vehicle and prepared an itemized estimate of repairs to be performed.” M.G.L. c. 26, § 8G, General Laws text with amendments passed before 5/31/2026 Other dispute rules“The appraisers representing the insurance company and the registered
repair shop selected by the insured to do the repair shall attempt to agree on the estimated
cost for such repairs. The registered repair shop must prepare an appraisal for the purpose
of negotiation. No appraiser shall modify any published manual (i.e., Motors, Mitchell or
any automated appraisal system) without prior negotiation between the parties.” 212 CMR 2.04, mass.gov date 9/9/2008 How appraisal works“The appraisers shall first select a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire, then, on the request of the named insured or the company, such umpire shall be selected by a judge of a court of record in the county and state in which such appraisal is pending.” M.G.L. c. 175, § 191A, General Laws text with amendments passed before 5/31/2026 |
| MichiganAll Michigan rules | Michigan has no law requiring or governing appraisal on auto claims. If the insurer pays your customer's own claim late, it owes 12% simple interest from 60 days after it got satisfactory proof of loss, but none if your customer turned down an offer and later recovers no more. Late payment is an unfair practice unless the claim is reasonably in dispute, and so is a pattern of lowballing that forces lawsuits. The Department's 2025 bulletin warns of fines or loss of authority. A third party tort claimant gets the 12% interest only if liability is not reasonably in dispute and a court found the insurer refused payment in bad faith. 500.2026 reaches a course of conduct, not isolated incidents. The bulletin is Department guidance and says it does not establish that any insurer committed these practices. | Other dispute rules“Failure to pay claims on a timely basis or to pay interest on claims as provided in subsection (4) is an unfair trade practice unless the claim is reasonably in dispute.” MCL 500.2006, effective 12/20/2017 Other dispute rules“(4) If benefits are not paid on a timely basis, the benefits paid bear simple interest from a date 60 days after satisfactory proof of loss was received by the insurer at the rate of 12% per annum, if the claimant is the insured or a person directly entitled to benefits under the insured's insurance contract.” MCL 500.2006, effective 12/20/2017 Other dispute rules“If payment is offered by the insurer but is rejected by the claimant, and the claimant does not subsequently recover an amount in excess of the amount offered, interest is not due.” MCL 500.2006, effective 12/20/2017 Other dispute rulesFrom a list that begins: “(1) Unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, other than isolated incidents, are a course of conduct indicating a persistent tendency to engage in that type of conduct and include:” “(f) Failing to attempt in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.
(g) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts due the insureds.” MCL 500.2026, effective 4/1/1977 Other dispute rulesFrom a list that begins: “Improper claims administration practices, particularly for automobile collision and comprehensive
coverages, may include, but are not limited to, the following conduct:” “• Denying claims or offering to pay substantially less than what is owed on claims when liability is
reasonably clear, including by prolonging the claims administration process or making
unreasonable proof-of-loss demands to improve the insurer’s bargaining position.” DIFS Bulletin 2025-25-INS, issued 10/24/2025 |
| MinnesotaAll Minnesota rules | Minnesota's captured law has no appraisal statute or required appraisal clause. On your customer's own policy, an actual cash value settlement can't be less than the car's pre-loss value plus taxes and fees, a repair settlement must cover satisfactory repair including hidden damage and towing, and a total-loss offer off the comparable-car method must be justified and explained. The bad-faith cost award isn't available once appraisal resolves a claim. Section 604.18 protects only the insured, not third-party claimants; the extra award is capped at half the excess over the insurer's offer or $250,000, and attorney fees at $100,000. The subd. 6 settlement methods apply when the insured is not an automobile dealer. | Other dispute rulesFrom a list that begins: “The following acts by an insurer, an adjuster, a self-insured, or a self-insurance administrator constitute unfair settlement practices:” “(14) failing to inform an insured or a claimant that the insurer will pay for an estimate of repair if the insurer requested the estimate and the insured or claimant had previously submitted two estimates of repair.” Minn. Stat. § 72A.201, 2025 edition Other dispute rulesFrom a list that begins: “The following acts by an insurer, an adjuster, a self-insured, or a self-insurance administrator constitute unfair settlement practices:” “(7) settling or attempting to settle a claim or part of a claim with an insured under actual cash value provisions for less than the value of the property immediately preceding the loss, including all applicable taxes and license fees.” Minn. Stat. § 72A.201, 2025 edition Other dispute rulesFrom a list that begins: “failing to offer one of the following methods of settlement:” “(b) to offer a cash settlement sufficient to pay for satisfactory repair of the vehicle. Satisfactory repair includes repair of obvious and hidden damage caused by the claim incident, and includes reasonable towing costs;” Minn. Stat. § 72A.201, 2025 edition Other dispute rulesFrom a list that begins: “The costs must be determined by:” “(iii) any settlement or offer of settlement which deviates from the procedure above must be documented and justified in detail. The basis for the settlement or offer of settlement must be explained to the insured;” Minn. Stat. § 72A.201, 2025 edition How appraisal works“(c) An award of taxable costs under this section is not available in any claim that is resolved or confirmed by arbitration or appraisal.” Minn. Stat. § 604.18, 2025 edition |
| MissouriAll Missouri rules | Missouri's captured law has no appraisal rule and doesn't require an appraisal clause. The Department's arbitration rule says an arbitration clause can't stop your customer from suing and binds them only if they choose to arbitrate. Whether that reaches a policy's appraisal clause is a question for the Department of Commerce and Insurance or a lawyer. Separately, the insurer's estimate must be enough to fix the car properly, and lowballing to force a suit can be an improper claims practice. The Department's arbitration rule covers property and casualty policies and also voids arbitration clauses for uninsured motorist claims. RSMo 435.350, the general arbitration statute, leaves insurance contracts out of its rule that arbitration agreements are enforceable. The improper-claims list applies to acts committed in violation of RSMo 375.1005. | Other dispute rules“A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable,” RSMo 435.350, effective 8/28/1996 Other dispute rulesFrom a list that begins: “Any of the following acts by an insurer, if committed in violation of section 375.1005, constitutes an improper claims practice:” “(5) Compelling insureds or beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them;” RSMo 375.1007, effective 8/28/1993 Other dispute rules“(1) Any contract or agreement entered into containing any clause or provision providing for an adjustment by arbitration shall not preclude any party or beneficiary under the contract or agreement from instituting suit or legal action on the contract at any time” 20 CSR 500-1.600, effective 8/22/1974 (PDF) Other dispute rules“and the compliance with the clause or provision shall not be a condition precedent to the right to bring or recover in the action. A party is bound by an arbitration provision only when s/he elects to arbitrate and a lawful and binding arbitration follows.” 20 CSR 500-1.600, effective 8/22/1974 (PDF) Other dispute rules“1. If an insurer prepares an estimate of the cost of automobile repairs, the estimate shall be in an amount for which it may be reasonably expected the damages can be satisfactorily repaired. The insurer shall give a copy of the estimate to the claimant and may furnish to the claimant the names of one (1) or more conveniently located repair shops.” 20 CSR 100-1.050, effective 7/30/2019 (PDF) |
| MontanaAll Montana rules | Montana has no law requiring an appraisal clause or setting appraisal rules for auto claims. Your customer, insured or third party, can choose the shop, and the insurer must pay the reasonable and necessary repair cost, up to the market price. It can't ignore an operation or cost from an estimating system it agreed to use with you, and must pay total losses at actual replacement value, not book value. Whether a policy's appraisal clause helps is a question for a lawyer. In 33-18-224, "claimant" means the insured or a third party claiming against the insurer, and the section does not require paying more than the market price defined in 33-18-222. 33-18-201 reaches conduct done often enough to indicate a general business practice. | Other dispute rules“(4) The claimant may use an automobile body repair business or location at the claimant's sole discretion, and the insurance company shall pay for the reasonable and necessary cost of the automobile body repair services for covered damages, less any deductible under the terms of the policy. This section does not require an insurer to pay more for automobile body repair services than the market price, as defined in 33-18-222.” MCA 33-18-224, 2025 edition Other dispute rulesFrom a list that begins: “An insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or in part, a motor vehicle may not:” “(iii) unilaterally disregard a repair operation or cost identified by an estimating system that the insurer and an automobile body repair business or location have agreed to utilize in determining the cost of repair.” MCA 33-18-224, 2025 edition Other dispute rules“Each motor vehicle insurance policy issued to residents of this state that provides that reimbursement for total loss of a motor vehicle be based on a "book" value rather than on the actual replacement value is void as to that provision, and reimbursement must be made for actual replacement value except as provided in 27-1-306.” MCA 33-23-202, 2025 edition Other dispute rulesFrom a list that begins: “A person may not, with such frequency as to indicate a general business practice, do any of the following:” “(6) neglect to attempt in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear;
(7) compel insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds;” MCA 33-18-201, 2025 edition |
| New JerseyAll New Jersey rules | New Jersey doesn't require an appraisal clause, but on your customer's own total loss it points to the policy's appraisal section. If your customer tells the insurer in writing within 30 days of getting the check that they can't buy a comparable car for that amount, the insurer must reopen the claim, and either side can then settle it through the policy's appraisal section, if there is one; the result binds both. The insurer must explain these rights in writing with the check. Appraisal is one of four options after a reopened total loss; the insurer may instead find a comparable car within 25 miles, pay the difference, or offer a replacement. On repairs, the insurer must make all reasonable efforts to agree on a price with the shop your customer picked. N.J.A.C. 11:3-10 binds insurers and is the Department's own nj.gov text, not the official code, so it can lag an amendment. | Other dispute rulesFrom a list that begins: “Committing or performing with such frequency as to indicate a general business practice any of the following:” “(g) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds;” N.J.S.A. 17:29B-4, text through P.L.2026, c.50 Appraisal right“(b) If the insurer is notified in writing within 30 calendar days of the receipt of the claim draft that the insured cannot purchase a comparable vehicle at the market value established by the insurer, the insurer shall reopen its claim file and the following procedures will apply:” N.J.A.C. 11:3-10.4, DOBI copy, readopted 11/3/2021 (PDF) Appraisal right“4. The insurer or insured may conclude the loss settlement as provided for under the appraisal section of the insurance contract in force at the time of loss. This appraisal shall be considered as binding against both parties, but shall not preclude or waive any other rights either party has under the insurance contract or under law.” N.J.A.C. 11:3-10.4, DOBI copy, readopted 11/3/2021 (PDF) How appraisal works“(c) The insurer shall advise the insured in writing of the rights of recourse at the time the settlement draft is issued and retain a copy of the notice in its claim file.” N.J.A.C. 11:3-10.4, DOBI copy, readopted 11/3/2021 (PDF) Other dispute rules“The insurer must make all reasonable efforts to obtain an agreed price with the facility selected by the insured. The insurer may recommend, and if the insured requests, must recommend a qualified repair facility at a location reasonably convenient to the insured motor vehicle who will repair the damaged motor vehicle at the insurer's estimated cost of repairs,” N.J.A.C. 11:3-10.3, DOBI copy, readopted 11/3/2021 (PDF) |
| New YorkAll New York rules | New York has no law requiring an appraisal clause or setting appraisal rules for auto claims. On your customer's own claim, the insurer must negotiate in good faith toward an agreed price with your customer or their designated representative. If no price is agreed, it must send the Notice of Rights letter and, on request, name a registered shop nearby that will repair at its estimate. A 2001 Department guidance opinion says a policy may include an appraisal clause limited to the amount of loss. The Regulation 64 text (11 NYCRR Part 216) comes from the LII mirror, not the official publisher. If your shop isn't your customer's designated representative, a price you agree with the insurer doesn't bind your customer. The OGC opinion is a 2001 informal opinion (guidance); its current Department treatment is not certified. The Notice of Rights requirement does not apply to claims solely involving window glass. | Other dispute rules“(7) Negotiations must be conducted in good faith, with the basic goal of promptly arriving at an agreed price with the insured or the insured's designated representative. If the insured's intended repair shop is not a designated representative of the insured, the insurer may also reach an agreement with that repair shop on the cost to repair the damaged vehicle, but that agreement shall not be binding upon the insured or the designated representative.” 11 NYCRR 216.7, effective 6/9/2021 (Cornell LII copy) Other dispute rules“(i) If after negotiations an agreed price cannot be reached, the insurer must furnish the insured with a prescribed Notice of Rights letter (NYS APD 1), contained in section 216.12 of this Part.” 11 NYCRR 216.7, effective 6/9/2021 (Cornell LII copy) Other dispute rules“(ii) The insurer must furnish the insured or the designated representative, at the express request of either, with the name and address of a New York State registered motor vehicle repairer, properly equipped to complete the repairs on the damaged motor vehicle (back-up shop), at a location reasonably convenient to the insured, who will repair the damaged motor vehicle at the insurer's estimated cost of repair.” 11 NYCRR 216.7, effective 6/9/2021 (Cornell LII copy) Other dispute rules“(a) In any case where there is no dispute as to coverage, it shall be the duty of every insurer to offer claimants, or their authorized representatives, amounts which are fair and reasonable as shown by its investigation of the claim, providing the amounts so offered are within policy limits and in accordance with the policy provisions.” 11 NYCRR 216.6, effective 6/9/2021 (Cornell LII copy) How appraisal works“The insurance policy may contain an appraisal clause which specifies that where the insured and the insurer disagree as to the amount of the loss, the matter will be submitted for an appraisal. See, eg., N.Y. Ins. Law § 3404 (McKinney 2000). Significantly, arbitration differs from an appraisal in that arbitration disposes of the entire controversy between the parties, whereas an appraisal is limited to deciding the collateral matter of the value of the loss.” N.Y. DFS guidance: OGC 01-02-09 Motor Vehicle Adjuster Activities (agency guidance, not a statute or rule) |
| North CarolinaAll North Carolina rules | North Carolina's appraisal right covers a claim against the at-fault driver's insurer over how much the car's value dropped from before to after the accident. When coverage isn't disputed and the two figures are more than $2,000 or 25% of pre-accident retail value apart, whichever is less, either side can demand appraisal in writing and name a licensed appraiser within 20 days. Each side pays its own appraiser and they split the rest; the result binds both unless either rejects it within 15 days. Applies to motor vehicle liability policies, for disputes over the difference in value before and after the accident. Appraisers and the umpire must be licensed motor vehicle damage appraisers, can't decide liability or coverage, and the umpire can't award more or less than the appraisers' figures. An insurer that fails to comply faces a civil penalty, and the appraisal reports must be exchanged (11 NCAC 04 .0421). | Appraisal right“(d1) Such motor vehicle liability policy shall provide an alternative method of determining the amount of property damage to a motor vehicle when liability for coverage for the claim is not in dispute.” G.S. 20-279.21, ncleg.gov text through S.L. 2026-30 Appraisal right“(2) The difference in the claimant's and the insurer's estimate of the diminution in fair market value is greater than two thousand dollars ($2,000) or twenty-five percent (25%) of the fair market retail value of the vehicle prior to the accident” G.S. 20-279.21, ncleg.gov text through S.L. 2026-30 How appraisal works“then on the written demand of either the claimant or the insurer, each shall select a competent and disinterested appraiser and notify the other of the appraiser selected within 20 days after the demand. The appraisers shall then appraise the loss. Should the appraisers fail to agree, they shall then select a competent and disinterested appraiser to serve as an umpire.” G.S. 20-279.21, ncleg.gov text through S.L. 2026-30 How appraisal works“If the report is not rejected within 15 days from the filing of the report, the report shall be binding upon both the claimant and the insurer. Each appraiser shall be paid by the party selecting the appraiser, and the expenses of appraisal and umpire shall be paid by the parties equally.” G.S. 20-279.21, ncleg.gov text through S.L. 2026-30 Other dispute rules“The claimant's voluntary utilization of a drive-in claim service or preferred repair shop shall not prejudice the right of either party to obtain independent appraisals and negotiate settlement on the basis of such appraisals.” 11 NCAC 04 .0417, effective 10/1/2021 |
| OhioAll Ohio rules | Ohio has no law requiring an appraisal clause or setting appraisal rules for auto claims. If your estimate is higher, the insurer must pay the difference or name at least one shop that will repair for its estimate, and if it names only one, make sure the work is done right. On a cash total loss on your customer's own claim, it must share valuation documents on request and tell your customer about renegotiating if no comparable car is available within 35 days. OAC 3901-1-54 states that it creates no private cause of action. The practices listed in 3901-1-07 are violations when done often enough to indicate a general business practice. | Other dispute rules“If the claimant subsequently claims that necessary repairs will exceed the written estimate, the insurer shall pay the difference between the written estimate and a higher estimate obtained by the claimant or promptly provide the claimant with the name of at least one repair shop that will make the repairs for the amount of the written estimate.” OAC 3901-1-54, effective 2/14/2022 Other dispute rules“If the insurer provides the name of only one repair shop, it shall ensure that the repairs are performed in a workmanlike manner.” OAC 3901-1-54, effective 2/14/2022 Other dispute rules“An insurer that settles a total loss on a cash settlement basis must maintain in the claim file the documentation used to determine the loss. Such information shall be provided to the first party claimant upon request. An insurer shall notify the first party claimant of any rights to renegotiate the settlement if a comparable vehicle is not available for purchase within thirty-five days of receipt of the settlement.” OAC 3901-1-54, effective 2/14/2022 Other dispute rules“(10) An insurer shall not use settlement practices that result in compelling first party claimants to litigate by offering substantially less than the amounts claimed compared to the amount ultimately recovered in actions brought by such claimants.” OAC 3901-1-54, effective 2/14/2022 Other dispute rulesFrom a list that begins: “It shall be deemed an unfair or deceptive practice to commit or perform with such frequency as to indicate a general business practice any of the following:” “(6) Not offering first party or third party claimants, or their authorized representatives who have made claims which are fair and reasonable and in which liability has become reasonably clear, amounts which are fair and reasonable as shown by the insurer's investigation of the claim, providing the amounts so offered are within policy limits and in accordance with the policy provisions;” OAC 3901-1-07, effective 2/14/2022 |
| PennsylvaniaAll Pennsylvania rules | Pennsylvania has no rule requiring a policy appraisal clause; there, an appraisal is the licensed appraiser's damage estimate. The appraiser must be impartial and independent, and review the appraisal with your shop or another person reasonably needed to show repair costs are covered. It must cover restoring pre-damage condition, and nothing bars any party from getting a second licensed appraiser. On a total loss priced by actual cost, if your customer shows the replacement isn't like kind and quality, the higher figure must be offered. These rules govern licensed motor vehicle physical damage appraisers and their appraisals; they do not address a policy's appraisal clause. The higher-value rule applies when the actual cost method is used for a car listed in two approved guide sources. Penalties are set in sections 5, 6 and 9 of the act (63 P.S. 855, 856 and 859). | How appraisal worksFrom a list that begins: “Every appraiser shall:” “(2) Approach the appraisal of damaged property 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 the parties involved.
(4) Prepare an independent appraisal of damage.” 63 P.S. 861, amended 4/14/2016 How appraisal works“(g) There are no provisions of the act or this chapter which shall be construed as intended in any way to prohibit or limit the subsequent appraisal or reappraisal of damage by different licensed appraisers, if desired by any of the involved parties.” 31 Pa. Code 62.3, effective 10/23/1999 Other dispute rules“(c) An appraisal for the repair of the motor vehicle shall be made in the amount necessary to return the motor vehicle to its predamaged condition.” 31 Pa. Code 62.3, effective 10/23/1999 Other dispute rulesFrom a list that begins: “In addition to the requirements in section 11 of the act (63 P. S. § 861), an appraiser shall:” “(3) Review the appraisal with an authorized representative of the repair shop which is selected by the consumer or with any other person reasonably necessary to demonstrate that the actual costs of repairs are adequately covered in the appraisal.” 31 Pa. Code 62.3, effective 10/23/1999 Other dispute rules“If the actual cost method is used, and the owner of the damaged vehicle shows that the replacement vehicle is not of the same kind and quality, both calculations referenced in this paragraph shall be made, and the higher of the values obtained shall be offered in settlement.” 31 Pa. Code 62.3, effective 10/23/1999 |
| TennesseeAll Tennessee rules | Tennessee's captured law has no appraisal statute or required appraisal clause. On your customer's own claim, if their written estimate is higher and the gap stays unresolved, the insurer must pay the difference or promptly name at least one shop that will repair for its estimate. A cash total-loss offer must cover a comparable car plus taxes and fees, with deductions itemized and explained. On request, the insurer must disclose the policy's provisions, so your customer can ask about an appraisal clause. These rules govern the insured's own (first-party) automobile claims. The insurer-named shop's price need not include supplements found during repair, and the insurer must make sure that shop's work is workmanlike. | Other dispute rules“If the insured subsequently claims, based upon a written estimate which he or she obtains, that necessary repairs will exceed the written estimate prepared by or for the insurer, and differences remain unresolved during the course of the repair or negotiation process, the insurer shall:” Tenn. Comp. R. & Regs. 0780-01-05-.09, effective 10/9/2017 (PDF) Other dispute rulesFrom a list that begins: “and differences remain unresolved during the course of the repair or negotiation process, the insurer shall:” “(a) Pay the difference between the written estimate and a higher estimate obtained by the insured; or
(b) Promptly provide the insured with the name of at least one (1) repair shop in areas proximate to the local market area, including the closest major metropolitan areas within or without the state, that will make the repairs for the amount of the written estimate,” Tenn. Comp. R. & Regs. 0780-01-05-.09, effective 10/9/2017 (PDF) Other dispute rules“(b) The insurer may elect a cash settlement based upon the actual cost, less any deductible provided in the policy, to purchase a comparable automobile including all applicable taxes, license fees and other fees incident to transfer of evidence of ownership of a comparable automobile.” Tenn. Comp. R. & Regs. 0780-01-05-.09, effective 10/9/2017 (PDF) Other dispute rules“Any deductions from the cost, including deduction for salvage, must be as specific as reasonably possible, and specific and appropriate as to dollar amount, and shall be documented in the claim file as required by rule 0780-01-05-.05. The basis for the settlement shall be fully explained to the first party claimant.” Tenn. Comp. R. & Regs. 0780-01-05-.09, effective 10/9/2017 (PDF) Other dispute rules“(1) No insurer shall fail to fully disclose, upon request, to first party claimants all pertinent benefits, coverages or other provisions of a policy or contract under which a claim is presented.” Tenn. Comp. R. & Regs. 0780-01-05-.06, effective 10/9/2017 (PDF) |
| TexasAll Texas rules | Texas requires personal auto policies issued or renewed on or after January 1, 2026 to include an appraisal clause, used only to settle the amount of loss when the policyholder and the insurer disagree. The law doesn't say who can invoke it; the policy's clause does. The amount set binds both sides unless there was fraud, accident, a material mistake, or an award made without authority. It doesn't help on a claim against the other driver's insurer, or on a commercial policy. Chapter 1813 applies only to personal auto and residential property policies delivered, issued or renewed on or after January 1, 2026; commercial policies and Texas Windstorm Insurance Association policies are excluded. Its text speaks only of disputes between the policyholder and the insurer and leaves who may invoke appraisal to the policy. The commissioner must adopt rules, including the time to complete an appraisal; no such rule is in the captured law. The S.B. 458 row is uncodified session-law text; the Act took effect September 1, 2025. | Appraisal right“(a) An insurance policy described by Section 1813.001(a) must contain an appraisal provision that complies with this chapter.
(b) The appraisal provision required by this chapter is intended to provide a type of dispute resolution process solely to determine the amount of loss when that amount is in dispute between the policyholder and the insurer.” Tex. Ins. Code 1813.003, effective 9/1/2025 Appraisal right“(a) This chapter applies only to a personal automobile or residential property insurance policy delivered, issued for delivery, or renewed in this state by an insurer, including:” Tex. Ins. Code 1813.001, effective 9/1/2025 How appraisal works“(b) Except for fraud, accident, or material mistake relevant to the appraisal or an appraisal award made without authority, the amount of loss determined by an appraisal under this chapter is binding as to the policyholder and the insurer.” Tex. Ins. Code 1813.004, effective 9/1/2025 How appraisal works“(a) The commissioner shall adopt rules necessary to implement this chapter, including:
(1) rules establishing the period in which an appraisal under a provision required by this chapter must be completed; and
(2) rules mandating an appraisal for total loss and damage of the property that is the subject of the appraisal.” Tex. Ins. Code 1813.002, effective 9/1/2025 Appraisal right“SECTION 2. (a) Chapter 1813, Insurance Code, as added by this Act, applies only to an insurance policy delivered, issued for delivery, or renewed on or after January 1, 2026.” Tex. Sess. Law 89R S.B. 458 § 2, effective 9/1/2025 |
| VirginiaAll Virginia rules | Virginia's captured law has no appraisal statute or required appraisal clause. The insurer's estimate must be enough to fix the car properly, your customer gets a copy, and a total-loss valuation comes on request. Cutting an adjuster's estimate of $3,000 or more requires a detailed explanation to the policyholder. If a court finds the insurer refused your customer's own property damage claim in bad faith, it owes double the judgment plus attorney fees; third-party claims of $3,500 or less get a similar remedy. Section 38.2-510 creates no cause of action for anyone but the Commission, though other legal remedies remain. The double-judgment remedy in 8.01-66.1(A) covers the insured's own property damage claim under a motor vehicle policy; (B) covers third-party claims of $3,500 or less against the at-fault driver's insurer. In disputed repairs, supplements need a personal inspection. | Other dispute rules“D. When reducing a loss estimate of $3,000 or more, no insurer shall alter or amend an insurance adjuster's estimate of damages, photographic report data, or narrative report without (i) providing the policyholder with a detailed explanation as to why any change that has the effect of reducing the loss estimate was made;” Va. Code § 38.2-510, effective 7/1/2026 Other dispute rulesFrom a list that begins: “No person shall commit or perform with such frequency as to indicate a general business practice any of the following:” “7. Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds;” Va. Code § 38.2-510, effective 7/1/2026 Other dispute rules“it is subsequently found by the judge of a court of proper jurisdiction that such denial, refusal or failure to pay was not made in good faith, the company shall be liable to the insured in an amount double the amount of the judgment, plus interest from 30 days after the date the claim was submitted in writing to the insurer or its authorized agent, together with reasonable attorney fees and expenses.” Va. Code § 8.01-66.1 Other dispute rules“a claim of $3,500 or less made by such third party claimant and if the judge of a court of proper jurisdiction finds that the insured is liable for the claim, the third party claimant shall have a cause of action against the insurance company.” Va. Code § 8.01-66.1 Other dispute rules“D. When an insurer prepares an estimate of the cost of automobile repairs, the estimate shall be an amount for which the damage may reasonably be expected to be satisfactorily repaired. The insurer shall give a copy of the estimate to the claimant and may furnish to the claimant the names of one or more conveniently located qualified repair shops. A total loss valuation shall be provided to the claimant upon request.” 14VAC5-400-80, effective 1/1/2018 |
| WashingtonAll Washington rules | If your customer's own policy has an appraisal clause and they can't agree with the insurer on a total loss's actual cash value, either your customer or the insurer can invoke it. The insurer must try in good faith to settle before using its own appraisal right, can't delay appraisal or add cost with out-of-area appraisers, and can't make an appraiser change a valuation mid-process. This rule doesn't reach repair-cost or third-party claims. WAC 284-30-391 and 284-30-330 are shown as effective October 18, 2026. The appraisal right in 284-30-391(3) covers first party total loss disputes over actual cash value, and only when the policy has an appraisal provision; the insurer must tell its appraiser the rule's total loss calculations and, when applying an award, can't consider a valuation that doesn't comply with the rule. The appraiser and umpire definitions come from the adjuster licensing chapter. | How appraisal works“(i) "Appraiser" means a person selected by the insurer or the insured to place a value on or estimate the amount of loss under an appraisal clause in an insurance contract.
(ii) "Umpire" means a person selected by the appraisers representing the insurer and the insured, or, if the appraisers cannot agree, by the court, who is charged with resolving issues that the appraisers are unable to agree upon during the course of an appraisal.” RCW 48.17.010 Appraisal right“(3) Appraisal: If the first party claimant and the insurer fail to agree on the actual cash value of the loss vehicle and the insurance policy has an appraisal provision, either the insurer or the first party claimant may invoke the appraisal provision of the policy to resolve disputes concerning the actual cash value.” WAC 284-30-391, effective 10/18/2026 How appraisal worksFrom a list that begins: “The following are hereby defined as unfair methods of competition and unfair or deceptive acts or practices of the insurer in the business of insurance, specifically applicable to the settlement of claims:” “(17) Delaying appraisals or adding to their cost under insurance policy appraisal provisions through the use of appraisers from outside of the loss area.” WAC 284-30-330, effective 10/18/2026 How appraisal worksFrom a list that begins: “The following are hereby defined as unfair methods of competition and unfair or deceptive acts or practices of the insurer in the business of insurance, specifically applicable to the settlement of claims:” “(18) Failing to make a good faith effort to settle a claim before exercising a contract right to an appraisal.” WAC 284-30-330, effective 10/18/2026 How appraisal worksFrom a list that begins: “The following are hereby defined as unfair methods of competition and unfair or deceptive acts or practices of the insurer in the business of insurance, specifically applicable to the settlement of claims:” “(22) Requiring an appraiser functioning under the appraisal clause in the policy to adjust either their actual cash value, their valuation of loss, or both, at any time during the appraisal process. This does not prohibit the insurer from applying the policy conditions to a completed appraisal award.” WAC 284-30-330, effective 10/18/2026 |
