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1. CAR TO THE SHOP OF MY CHOICE?
YES-You may select the repair facility of your choice unless your
insurance policy specifies otherwise.
2. 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.
3. 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 to be given a written estimate before starting repairs.
4. AM I RESPONSIBLE FOR THE
COST OF THE 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
for the loss, less any applicable deductibles or depreciation. Any arrangements
for payments by your insurance company are your responsibility.
5. IS THE REPAIR FACILITY
RESPONSIBLE FOR THE REPAIRS PERFORMED ON MY CAR?
YES- The Automobile Repair Act of 1971 requires all repair dealers to be
registered with the State of California and to post a sign. This Act (Section
9884.7(1)(g)) states that the Department of Consumer Affairs may invalidate the
registration on 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 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.
6.
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.
7.
IF MY
INSURANCE COMPANY DOES NOT AGREE
WITH THE AMOUNT OF LOSS, DO I HAVE
RECOURSE OTHER THAN NO. 6?
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.
8.
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 be law.
9.
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 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; and Insurers specifying
the use of non-OEM |
