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The Right to Choose. That is the crux of the issue in auto body repair as insurance companies try to control the care of your vehicle the way they control your personal healthcare. It is your right to choose your own collision repair facility and to have the insurance company pay for safe and proper repairs to your vehicle so it retains its value and meets important safety standards. However, insurance companies often do not volunteer information about those rights or what is at stake in the selection of a repair facility. Instead when you report a collision and need information about how to get your vehicle repaired efficiently and effectively, the insurance representative is likely to tell you about referral shops or preferred shops or merely provide a list of licensed auto repair shops in the state. That’s not much help.
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Know Your Rights.
In Massachusetts, you have the
absolute right to select the collision repair shop of your choice to make
repairs. No insurance company or independent agent or representative or staff
member of an insurance company or appraiser can legally refer you to or away
from any specific repair shop or require that repairs be made by a specific
repair shop or individual. Nor can they require you to have your vehicle
inspected at their drive-in claims center. If you request it, your insurer must
inspect the damage to your vehicle at your chosen collision repair shop. (Reg
212 CMR 2:04(c) and MGL 26 8G)
| You have the right to have your vehicle towed to any location that you choose. | |
| You must notify your insurance company before repairs begin. | |
| You do not have to go to a drive-in claims center. Your insurer must inspect the vehicle at any location you choose. | |
| You do not need to get two or three appraisals. | |
| Your insurance company is responsible for payment to restore your vehicle to pre-accident condition. | |
| Your insurer must negotiate in good faith with the shop of your choice. | |
| The registered repair shop you choose can provide an estimate of damage and assist you with the processing of your claim to ensure safe and proper repairs are made to your vehicle. |
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Frequently Asked
Questions Regarding Auto Body Repair and the Right to Choose
What should I do if I am involved in an accident? Do
I have to take my vehicle to a drive-in claims center or get multiple
appraisals? Do
I have to use a specific collision repair facility?
What is "steering"?
How do I know if I am being steered? Massachusetts has strong consumer protection laws that require insurance companies to expedite appraisals within specific timeframes. Insurance companies are required to negotiate in good faith with any registered collision repair facility on the proper cost to repair the vehicle to pre-accident condition. You pay insurance premiums and contract to pay a specific deductible in the event repairs are required. In effect, you’ve already paid for proper repairs. Don’t be intimidated. Steering is illegal in Massachusetts.
Why should I choose my own collision repair facility rather than one
"suggested" by the insurance company? Preferred or referral repair shops represent the insurance company in both negotiations and the repair of the vehicle. They contract with insurance companies regarding the repairs, the costs and the repair procedures. The insurance company sets the rules and the repair shop simply follows them to keep the insurance companies’ costs down. These cost reductions have to come from somewhere. They may affect the quality and thoroughness of the repair service and/or the quality and condition of the parts used. You have paid your insurance premiums with the expectation of receiving safe and proper repairs – not cheap repa
What are imitation or non-OEM parts? In addition to these concerns, there are no provisions for recalls based on the safety or performance of these parts. Your insurance company may attempt to use imitation parts to save money on your vehicle’s repairs. An independent collision repair facility will help you negotiate with your insurance company for the appropriate original equipment manufacturer’s parts to maintain the integrity and value of your vehicle.
Who guarantees the workmanship for the repairs?
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