This information is designed to assist you in handling claims with your own insurance company.
The Automotive Repair Act of 1971 states that a customer shall receive:
A: 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.
A: 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.
A: 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 deductables or depreciation. Any arrangements for payments by your insurance company are your responsibility.
A: 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:
A: 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
A: 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.
A: 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.
A: 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 fo non-OEM replacement crash parts shall pay the cost of any modifications to the parts which may become neccessary to effect the repair; and
Insurers specifying the use of non-OEM replacement crash parts warrant that all such parts are of like kind, quality, safety, fit and performance as OEM replacement crash parts.
For further information, refer to:
State of California Department of Insurance
700 L Street
Sacramento, California 95814
State of California Department of Insurance
1407 Market Street
San Francisco, California 94103
State of California Department of Insurance
600 S. Commonwealth
Los Angeles, California 90005
State of California Department of Insurance
1350 Front Street, Room 5954
San Diego, California 92101
Unresolved questions regarding service work performed may be submitted to:
Bureau of Automotive Repair
Toll-Free Telephone (800) 952-5210
Monday through Friday
Source: California Autobody Association – Consurmer Collision Info – CA MOTORIST BILL OF RIGHTS
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