CONSUMER INFORMATION
Do I have the right to take my car to the
body shop of my choice?
Yes - You may select the repair facility of your choice unless your insurance
policy specifies otherwise.
Should my insurance company be notified before repairs?
Yes - Your insurance policy generally states that, if requested, you must file a
sworn proof of loss, exhibit the damaged property, and submit to examination
under oath.
Do I need to contact more than one shop for an estimate?
No - Generally, one estimate from the shop of your choice is required, unless
your insurance policy specifies otherwise. California State law requires you be
given a written estimate before starting repairs.
Am I responsible for the cost of repairs?
Yes - You are usually responsible to the repair facility for payment of repairs
unless your insurance policy specifies otherwise. Ordinarily, if you are
insured, your insurance policy states that the insurance company will pay you
for the loss, less any applicable deductibles or depreciation. Any arrangements
for the payments by your insurance company are your responsibility.
Is the
body repair facility responsible for repairs performed on my car?
Yes - The Automobile Repair Act of 1971 requires that all repair dealers to be
registered with the State of California and to post a sign. This Act [Section
9884.7(g)] states that the Department of Consumer Affairs may invalidate the
registration of the repair dealer for a number of causes, including:
- making any statement written or oral which is untrue or
misleading;
- causing a customer to sign any work order which does not state
the repairs requested by the customer;
- failing or refusing to give to a customer a copy of any document
requiring his or her signature, as soon as the customer signs such
document;
- any other conduct which constitutes fraud;
- any willful departure from or disregard of accepted trade
standards for good and workman like repair.
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If I am having difficulties with my insurance company, do I have recourse?
Yes - First consult with your insurance agent or broker. Then, if your problems
still have not been resolved, consult with the Department of Insurance, State of
California, at their office in Sacramento, San Francisco, Los Angeles, or San
Diego, or telephone their toll free line: 1-800-927-4357.
If my insurance company does not agree with the amount of loss, do I have
recourse other than above?
Yes - Your insurance policy may provide that, when the insured and insurer fail
to agree on the amount of loss, both parties are entitled to arbitration.
Can an insurer require, direct, suggest or recommend that your automobile be
repaired at a specific shop?
No - Unless the referral is expressly requested by you; or you have been
informed in writing of the right to select the repair facility; and
The insurer that elects to repair a vehicle directs, suggests or recommends that
a specific repair shop be used, shall cause the damaged vehicle to be restored
to its condition prior to the loss at no additional cost to you other than as
stated in the policy or as otherwise allowed by law.
Can my insurer require me to use non-original equipment manufacturer (non-OEM)
replacement crash parts for the repair of my car?
No - No insurer shall require the use of non-OEM replacement crash parts in the
repair of an automobile unless: The parts are at least equal to the original
equipment manufacturer parts in terms of quality, safety, fit and performance as
OEM replacement crash parts.
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