Introduction to Florida Auto Glass Regulations
Florida’s law regarding auto glass replacement requires that insurance companies pay the entire bill for auto glass replacement. The requirement for insurers to do so is found in Section 627.7288 of the Florida Statutes. This provision operates, much like Florida’s PIP laws, unless the insured becomes a victim of fraud relating to a motor vehicle accident. The statute does not set forth the circumstances under which an insurer may avoid payment, but instead specifically states that the insurer must pay the entire bill, without a deductible.
As noted above , in general, the requirement for payment without a deductible applies to auto glass replacements only, however, the statute provides that payment for auto glass replacement is permissible for such services as "repair or replace[ment] of broken, cracked, or chipped windshield or other glass on any motor vehicle." The fee for auto glass replacement must be one of the following: (a) The competitive price if it is determined that the service was properly rendered and reasonably priced; or (b) The amount agreed upon by the insurer and the automobile glass repair shop.
Coverage for Glass Replacement under Insurance Policies
In addition to no-cost insurance, with insurance covering the entire cost, there are other considerations. In other words, insurance policies, as well as carriers, are being susceptible to breakage claims in numerous ways. For example, in some cases, the window is cracked or otherwise damaged (but not always broken). In other occasions, depending on state law, there may be a deductible that both policyholders as well as service providers overlook. Thus, the customer ends up paying twice for the glass replacement: Once to Josias the Jiffy Window service provider and another to the insurance company. The recent Florida auto glass replacement law as well as no-deductible insurance policies help mitigate these problems. "Florida requires all commercial insurers that offer, sell, renew, or amend private passenger automobile insurance policies that include glass replacement coverage to include full coverage of the cost of replacing automobile windshields and vehicle passenger window glass without requiring deductibles. F.S. § 627.7288(9)." In any other case (and this law does not apply to commercial insurers), the insurance company will not cover replacement or repair of the vehicle window. However, in Florida, when dealing with full coverage, full glass coverage or comprehensive coverage, the motorist is not required to pay a deductible. Florida also has a statute, F.S. § 627.7288, which states that after-market parts may not be used by the insurer when a comparable alternative is available. This means that the auto glass installers cannot even suggest an after-market product to the policyholder. Again, these are the common sense statutes that do not require consumers to worry about out-of-the-pockets costs when it comes to replacing vehicle glass.
Choosing the Right Glass Replacement Company
Aside from researching the replacement glass provider’s reputation online, it’s important for Florida vehicle owners to verify credentials and working relationships with their own insurance company and insurance glass networks. After you’ve chosen a brand name or dealership glass replacement service, you should call your agent and check to see if it participates in your insurer’s glass limited network program.
With its population of more than 20 million people and high concentrations of vehicles on the road, Florida is home to the constant threat of a hurricane, seasonally high winds and heavy rain storms. Often a vehicle’s glass will chip or crack due to hailstorms, and role ups can be broken in strong winds. In addition, rushing projectiles and falling tree branches can smash windows during extreme weather conditions. Cracks and chips happen at the worst of times, so car owners need to be prepared with an experienced, reliable and professional glass replacement provider.
Florida uses a managed care network for auto glass replacement services, which provides consumers with a list of licensed windshield replacement providers that are pre-approved by the insurer. Many dealers and national chains are part of a limited network for insurance claims, whereas other local or franchise shops may not be approved. Shop members agree to give a consumer-friendly warranty and have to meet stricter performance standards regulated by an insurer. A few of the benefits a provider can deliver to customers include:
Some insurance companies have a glass guarantee policy which covers all the manufacturer’s parts for the entire warranty of the repair. When the glass is replaced, it often comes with a money-back guarantee. Auto glass replacement companies tend to use high quality glass to ensure customer satisfaction. Plus, if any defects arise, the company would be obligated to make a full refund.
Once you’ve found a few potential candidates, you should verify credentials and working relationships with your insurance company, and be sure that the installation of replacement glass will be covered under both your extended warranty policy and insurance coverage. Although negligent work can be remedied by insurance, a qualified glass replacement provider should give a full guarantee.
The Glass Replacement Claims Process
Filing a claim with your auto insurer after receiving a windshield repair or replacement at a participating vendor is easy, as long as you follow the steps below.
1. Receive and complete your vehicle repair/replacement, including filling out and signing the Certification & Disclosure Form. This step is also done by your participating vendor at the time the glass is repaired or replaced.
2. Email a copy of the Certification & Disclosure Form, as provided to you by your participating vendor, to [email protected]. If you do not have Adobe Acrobat Reader, you can download it for free here. If you cannot obtain Acrobat Reader now, you can later, by close of business (5 p.m. EDT) on November 11, 2018. If you do not send your completed Certification & Disclosure Form before the deadline, the DFS will not process your form and you will be responsible for the full amount of the charge billed to your insurance company . If you plan to email a completed Certification & Disclosure Form but do not have Adobe Acrobat Reader installed on your computer, it is strongly recommended that you install the software and email the scanned form. If you are unable to install Adobe Acrobat Reader immediately, you may also hand deliver or fax a completed Certification & Disclosure Form to the DFS.
A completed Certification & Disclosure Form must also be provided to your auto insurer so that your insurance company can process their payment to the participating vendor who completed your repair or replacement.
After the completed Certification & Disclosure Form is submitted to the DFS and your insurance company, the vendor is free to bill the insurance company for the repair/replacement. If the Certification & Disclosure Form is not completed and sent to the DFS before the November 11, 2018, deadline, the vendor may not bill the insurance company without approval from the DFS.
Commonly Asked Questions
Does Florida’s auto glass law apply to all vehicle owners?
Yes, it does. Whether you own an older vehicle or a brand new vehicle, the law applies. It’s an insurance law, not a service law. The law provides that insurers must offer this coverage. However, it is up to the insured to purchase the coverage through their insurance policy. It is important to review insurance policies and speak with your agent or insurance carrier to determine if this coverage is offered.
Is "windshield replacement" the only type of auto glass replacement covered by the law?
No, the law provides coverage for the replacement of any pane of glass. So, whether it be side window, rear window or windshield, if that glass needs replaced, it is per the law, a covered replacement.
What should I expect to pay, if I have to replace a windshield?
If your vehicle’s insurance coverage includes full glass replacement, you would not pay anything.
What if I have a deductible?
Florida law provides that insurers cannot charge a deductible for windshield replacement, so your deductible should not apply.
How long does it take to get my windshield replaced?
If the vehicle requires windshield replacement, you can expect the repair technician to be on site and complete the work in about 30-45 minutes. If any other panes of glass are being replaced, completion of the work may take several hours, however, you will be informed of the time needed to complete the work when you schedule the appointment.
Recent Amendments and Potential Future Developments
Recently, the Florida Supreme Court ruled on the constitutionality issue, and as a result, permitted insurers to limit their auto glass replacement liability to be in accord with the prevailing market rates for New Car Dealers and automobile glass businesses throughout Florida. With that ruling, as well as the recent enactment of 2018’s controversial Senate Bill 1002, many expect that the landscape is starting to change for Floridians and their auto insurance policies.
Senate Bill 1002, enacted in May 2018, codified changes to the statute that: With these changes, which have led to a significant drop in the number of windshield-only policies issued across the state (by about 80 percent), one must wonder how the next chapter in auto glass replacement in Florida will be written .
Well, many seem to think that the next move will come from the Federal Trade Commission (the "FTC"). According to Insurance News Net, the FTC plans to issue a follow-up report on auto glass replacement policies in early 2019. This plan follows a public workshop on this same topic, which was held on July 25, 2018. That public comment period ended on August 30, 2018. During that time, the FTC received comments foreseeing a "looming crisis" due to the aforementioned drop in windshield-only policies, and other comments stating that PASP (Personal Auto Service Plans) (also known as Windshield Protection Plans) offer a "legitimate solution" to this so-called "looming crisis."
Many believe that the outcome of the FTC’s future report will determine whether the PASPs become the new Florida standard or not.