 |
California Motorist Bill of Rights
For a free copy, email your name and address to Auto-B-Craft.
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 - 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.
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 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.
|
