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INSURANCE BILL
OF RIGHTS
1. CAN I
TAKE MY 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 Question 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 |