Bill Amendment: IL HB4160 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: AUTO INS-RIGHT TO APPRAISAL

Status: 2026-06-01 - Added as Alternate Co-Sponsor Sen. Elgie R. Sims, Jr. [HB4160 Detail]

Download: Illinois-2025-HB4160-Senate_Amendment_002.html

---

Sen. Julie A. Morrison

Filed: 5/15/2026

 

 

 

10400HB4160sam002 LRB104 15794 BAB 37824 a
AMENDMENT TO HOUSE BILL 4160
AMENDMENT NO. ______. Amend House Bill 4160 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Insurance Code is amended by
adding Section 398 as follows:
(215 ILCS 5/398 new)
Sec. 398. Right to appraisal.
(a) Definitions. As used in this Section:
"Actual cash value" means the market value of the subject
property of the personal automobile insurance policy
immediately before it was damaged.
"Amount of loss" means:
(1) with regard to the repair of the vehicle, the cost
to repair the damage to the subject property expressed
monetarily in the context of the repair of a vehicle; and
(2) with regard to the value of the vehicle, the

10400HB4160sam002 - 2 - LRB104 15794 BAB 37824 a
actual cash value of the vehicle.
"Appraiser" means an individual selected to determine the
value of the disputed loss.
"Competent" means an individual with appropriate subject
matter expertise, training, and experience in automobile
damage valuation and claims practices.
"Disinterested" means an individual having no direct or
indirect financial interest in the outcome of the appraisal.
"Umpire" means a neutral, competent, and disinterested
individual with relevant experience in vehicle damage
assessment.
(b) Right to appraisal for first-party claims.
(1) Every policy of automobile insurance, as defined
in subsection (a) of Section 143.13, issued, renewed, or
delivered on or after July 1, 2027 in Illinois that
includes first-party coverage for physical damage shall
contain a provision granting the insured, in the insured's
sole discretion, without the company's consent or
agreement required, and the insurer the right to invoke
appraisal if there is a dispute over the amount of a loss.
(2) If a dispute arises regarding the amount of a
loss, either party may submit a written demand for
appraisal. Within 7 business days after receiving the
demand, each party shall:
(A) select a competent and disinterested
appraiser; and

10400HB4160sam002 - 3 - LRB104 15794 BAB 37824 a
(B) notify the opposing party in writing of the
selection.
(3) The 2 appraisers shall independently determine the
amount of loss. If the appraisers fail to agree on the
amount of a loss within 5 business days after the date of
their appointment, they shall jointly select an umpire. If
the appraisers fail to agree on an umpire within 15
business days after they failed to agree on the amount of
the loss, either party may petition a court to appoint a
suitable umpire.
(4) The 2 appraisers or, if there is a disagreement
under paragraph (3), one appraiser and the umpire shall
issue an award determining the amount of the loss. A final
award shall be determined within 5 business days after the
umpire was selected.
(5) An agreement by any 2 of the 3, either both
appraisers or one appraiser and the umpire, shall be
binding upon all parties.
(c) Cost allocation.
(1) Each party shall bear the cost of its own
appraiser.
(2) The cost of the umpire shall be shared equally
between the parties.
Section 99. Effective date. This Act takes effect July 1,
2027.".