11 NCAC 06A .1002         ETHICAL STANDARDS

(a)  Every licensed motor vehicle damage appraiser, when conducting business, shall:

(1)           identify himself or herself and his or her job title;

(2)           when requested, provide his or her National Producer Number, and the Department's website address and phone number for verification of license status;

(3)           prepare an independent appraisal of damages; and

(4)           comply with all local, State, and federal laws, in the motor vehicle damage appraiser's business affairs.

(b)  Every licensed motor vehicle damage appraiser shall refrain from:

(1)           disparaging the professional reputation of a motor vehicle damage appraiser or other persons associated with the claim;

(2)           recommending the utilization of a particular motor vehicle repair service in violation of G.S. 58-33-76(a).

(3)           recommending a claimant needing repairs or other services in connection with a loss to any person with whom the motor vehicle damage appraiser has a financial interest or who provides the motor vehicle damage appraiser any compensation for the referral or any resulting business;

(4)           impeding the appraisal process or the settlement of a property damage claim;

(5)           receiving any gratuity or other consideration in violation of G.S. 58-33-76(b).

(6)           advising or recommending a claimant to obtain or not obtain legal advice or counsel from a particular legal counsel;

(7)           giving legal advice on property damage claims in violation of G.S. 84-4;

(8)           solicit a power of attorney from a consumer that authorizes the motor vehicle damage appraiser to sign insurance-related forms;

(9)           attempting to influence a magistrate in the selection of an umpire pursuant to G.S. 20-279.21(d1), including using influence through a client or claimant;

(10)         engaging in the salvage of automobiles if the salvage is obtained as a result of appraisal services rendered by the motor vehicle damage appraiser; and

(11)         act in any manner outside the scope of a motor vehicle damage appraiser, as set forth in Chapter 58, Article 33 of the General Statutes.

(c)  Pursuant to G.S. 58-2-70 and G.S. 58-33-46, the Commissioner may consider the failure of a licensed motor vehicle damage appraiser to comply with this Rule as a basis for administrative action.

History Note:        Authority G.S. 58-2-40;

Eff, April 1, 2020.