Industry issues

Raised by verified members and published after review. Supporter totals are public; who signed is not.

• ISS-D32BFA23Open for supportOther

  Broker Affirmations and Chain of Custody of Digital Evidence

  As the use of dash cameras, surveillance systems, and mobile devices has become commonplace, insurance carriers increasingly rely on digital photographs and videos when investigating and defending claims. To establish the admissibility of this evidence in litigation, some carriers ask insurance brokers to execute sworn affirmations describing how accident media was received and transmitted. While brokers support the preservation of evidence and routinely assist insureds by forwarding claim-related materials, many of the affirmation forms currently in use present significant legal and professional concerns. Insurance brokers are not investigators, evidence custodians, forensic specialists, or witnesses to the accident. Their role is generally limited to receiving information from clients and forwarding it to the appropriate carrier as part of the normal claims reporting process.

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• ISS-012EC4E1ClosedRegulations

  NYS DMV Motor Vehicle Records (MVRs) Are Reporting Accidents to Vehicle Owners Instead of Drivers

  There appears to have been a change in the way New York State Motor Vehicle Records (MVRs) report accidents. Accidents involving a vehicle are now appearing on the MVR of the registered owner, even when the registered owner was not operating the vehicle at the time of the accident. This is creating widespread confusion throughout the transportation and insurance industries. Insurance companies, employers, brokers, and other organizations rely on MVRs to evaluate an individual's driving history. When accidents are associated with the vehicle owner rather than the actual driver, the MVR no longer accurately reflects that person's driving record. This issue particularly affects fleet owners, TLC/FHV vehicle owners, leasing companies, businesses, and families where multiple drivers operate the same vehicle.

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