California
Motorist Bill of Rights
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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 get 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.
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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.
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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.
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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.
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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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