1. Do I have the right to 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, one estimate from the shop of your choice is
required, unless your insurance policy specifies
otherwise. California State law requires you receive a
written estimate before starting repairs.
4. 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 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 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.
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
the 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 by 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 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; and Insurers specifying the use of
non-OEM replacement crash parts shall pay the cost of any
modifications to the parts which may become necessary to
effect the repair; and Insurers specifying the use of non-OEM
replacement crash parts warrant that such parts are of
like kind, quality, safety, fit and performance as OEM
replacement crash parts
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