The Right to Choose. About your Repair Rights

The Right To Choose

To help consumers like you navigate through what can be a confusing process, CARE has summarized your rights regarding auto repair and highlighted what is at stake in auto body repair.

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

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 company's costs down. But the cost reduction has to come from somewhere. It 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 repairs.

What kind of parts will be used to repair your vehicle?

The best assurance you have of a correct repair is through the use of original equipment manufacturer (OEM) parts. Other companies manufacture parts that are made to look like your vehicle's parts, but may never have been crash tested and may affect the performance and safety of your vehicle.

They are not covered under your vehicle manufacturer's warranty and there are no provisions for recalls based on the safety or performance of these parts. Consumer Reports reported on the results of its extensive study of non-OEM parts in its cover story in the February 1999 issue.

Your insurance company may attempt to use imitation parts to save money on your vehicle's repairs. Independent repair facilities 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.