Sec. 1. 24-A MRSA §2164-E is enacted to read:

§2164-E.__Appraisals of collision damage

1.__Appraiser defined.__For the purposes of this section, "appraiser" means any person receiving direct or indirect compensation to assess the physical damage to a motor vehicle resulting from a collision or other event in order to determine the appropriate payment on a casualty insurance claim.__ "Appraiser" includes a person employed by an insurer or an independent insurance adjustment service.__"Appraiser" does not include an employee of a collision repair shop unless that person receives a majority of that person's annual compensation from an insurer or an independent adjustment service.

2.__Copy of appraisal.__An appraiser shall leave a written copy of the appraisal with the repair shop selected by the motor vehicle owner.__The appraisal must contain the name of the insurer ordering the appraisal, the insurance claim file number and the vehicle identification number of the vehicle being appraised.__The appraisal must also clearly indicate all unrelated or old damage to the vehicle.

3.__Failure to agree on initial appraisal.__If the appraiser and the repair shop fail to agree on a price for the repairs, the appraiser may not obtain a competitive estimate from another repair shop unless the owner of that repair shop, or the owner's employee, has inspected the vehicle.__Competitive estimates may not be obtained on the basis of photographs, telephone calls or any manner other than personal inspection.

4.__Free competition.__An appraiser may not request that appraisals or repairs be made in a specified repair shop or shops.__An appraiser may not engage in any activity that would have the effect of steering the owner of a motor vehicle to a specific repair shop or group of shops.

5.__Reinspection.__When a supplementary allowance is requested by a repair shop after the initial appraisal is agreed to, an appraiser shall reinspect the damaged vehicle.

6.__Code of conduct. An appraiser is subject to the following code of conduct.

A.__An appraiser shall:

(1) Engage in fair and honorable dealings;