Measure to end assigning insurance benefits to auto glass repair companies moves

Rep. Philip “Griff” Griffitts, Jr.

A bipartisan “tort reform” measure that would prevent motorists from assigning their insurance benefits to auto-glass repair companies is headed to the House floor.

The House Commerce Committee voted April 10 to approve HB 541 by Rep. Philip “Griff” Griffitts, Jr., R-Panama City. A companion, SB 1002 by Sen. Linda Stewart, D-Orlando, cleared the Rules Committee the following day.

Griffitts told the committee that the proposal is necessary to close a loophole in Florida law that has allowed auto-glass related lawsuits to zoom from a relative handful in 2011 to 37,000 last year.

“We have a litigation problem in this state,” Griffitts said. “When these people sign these forms, they do not know what they are getting into.”

In addition to banning “AOB” for auto-glass repairs, the measure would require repair shops to notify customers whether calibration or recalibration of “ADAS” — advanced driver assistance systems — is necessary.

Unscrupulous repair shops are charging for an unnecessary service, or one they don’t perform, Griffitts said.

Another provision would permit auto insurers to offer deductibles of up to $250 for windshield repair.

Jimmy Patronis

Florida Chief Financial Officer Jimmy Patronis told the panel that not long after he took office, he was approached by an auto-glass repair solicitor operating from a booth at the Tampa Fair Grounds.

Patronis said the solicitor asked him about his insurance carrier and assured him he could get a chipped windshield replaced for free.

“Unfortunately, there’s a loophole in Florida statutes that allows these guys to operate,” Patronis said. “It’s taking advantage of the system.”

The measure would prohibit a “non-employee” of an auto-glass repair company who is compensated for soliciting insurance claims from making such offers, according to a staff analysis.

Representatives from State Farm, Associated Industries of Florida, the Florida Chamber of Commerce, and the National Insurance Crime Bureau support the measure.