§32303 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation may require insurers or their agents to send reports about crash claims for passenger cars by make, model, and model year. The reports can cover the kinds and amounts of physical damage and repair costs, and personal injuries. When deciding what to ask for, the Secretary must think about how much it will cost to make the reports, how useful the information will be, and must talk with state officials and other agencies. The Secretary must try to get the information voluntarily when possible. If asked, an insurer must also tell how premiums and the insurer’s risk are affected by a vehicle’s likelihood of damage, its crash protection, and repair and injury costs. The Secretary may only share anyone’s identifying information if that person agrees.

Title 49, §32303

Transportation — Source: USLM XML via OLRC

(a)(1)In carrying out this chapter, the Secretary of Transportation may require an insurer, or a designated agent of the insurer, to make reports and provide the Secretary with information. The reports and information may include accident claim information by make, model, and model year of passenger motor vehicle about the kind and extent of—

(A)physical damage and repair costs; and

(B)personal injury.

(2)In deciding which reports and information are to be provided under this subsection, the Secretary shall—

(A)consider the cost of preparing and providing the reports and information;

(B)consider the extent to which the reports and information will contribute to carrying out this chapter; and

(C)consult with State authorities and public and private agencies the Secretary considers appropriate.

(3)To the extent possible, the Secretary shall obtain reports and information under this subsection on a voluntary basis.

(b)When requested by the Secretary, an insurer shall give the Secretary information—

(1)about the extent to which the insurance premiums charged by the insurer are affected by damage susceptibility, crashworthiness, and the cost of repair and personal injury, for each make and model of passenger motor vehicle; and

(2)available to the insurer about the effect of damage susceptibility, crashworthiness, and the cost of repair and personal injury for each make and model of passenger motor vehicle on the risk incurred by the insurer in insuring that make and model.

(c)In distributing information received under this section, the Secretary may disclose identifying information about a person that may be an insured, a claimant, a passenger, an owner, a witness, or an individual involved in a motor vehicle accident, only with the consent of the person.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 32303(a)15:1945(a)–(d), (g).Oct. 20, 1972, Pub. L. 92–513, § 205, 86 Stat. 958. 32303(b)15:1945(e). 32303(c)15:1945(f). In subsection (a), the words “carrying out this chapter” are substituted for “to enable him to carry out the purposes of this subchapter” to eliminate unnecessary words. The word “provide” is substituted for “furnish” for consistency. In subsection (a)(1), before clause (A), the words “the Secretary of Transportation may require . . . to . . . provide the Secretary with” are substituted for “shall, upon request by the Secretary . . . as the Secretary may reasonably require” to eliminate unnecessary words. The text of 15:1945(g) is omitted as surplus because of 49:322(a). The word “information” is substituted for “data” for consistency in the section. In clause (A), the words “repair costs” are substituted for “the cost of remedying the damage” to eliminate unnecessary words. In subsection (a)(2)(C), the words “State authorities and public and private agencies” are substituted for “such State and insurance regulatory agencies and other agencies and associations, both public and private” for consistency and to eliminate unnecessary words. In subsection (b), before clause (1), the word “information” is substituted for “a description of” for consistency in the section. In clause (1), the word “premiums” is substituted for “rates or premiums” because it is inclusive. In clause (2), the words “by the insurer” are added for clarity. In subsection (c), the words “identifying information” are substituted for “the name of, or other identifying information”, and the words “a witness, or an individual involved” are substituted for “a driver, an injured person, a witness, or otherwise involved” to eliminate unnecessary words. The word “accident” is substituted for “crash or collision” for consistency in this section. The words “so named or otherwise identified” are omitted as surplus.

§32303 Insurance Information

Summary

Title 49, §32303

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata