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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?
No
matter how minor, it is wise to report every accident to the police.
Then, contact the registered collision repair shop of your choice. Your
independent repair shop can assist you with the processing of your
claim, answer your questions, and advise you to ensure safe and proper
repairs are made to your vehicle.
Do I have to take my vehicle to a drive-in claims center or get multiple
appraisals?
No.
If you request it, your insurer must inspect the damage to your vehicle
at your chosen collision repair shop rather than at their drive-in
claims center. They are legally
prohibited from coercing or using any tactics intended to
prevent you from seeking damage appraisals from your own body shop
rather than their drive-in facility. [MGL 26 8G]
Do I have to use a specific collision repair facility?
No.
In Massachusetts, you have the absolute right to select the collision
repair shop of your choice. When your insurer gives you a list of
registered repair shops, they likely will have indicated those shops,
which have entered into a contract with them. The contract determines
how your vehicle will be repaired and encourages the use of imitation
replacement parts. By choosing an insurance preferred or referral shop,
you may be giving up your rights in the repair process. [Reg. 212 CMR
2:04:(c)]
What is "steering"?
Steering,
as defined by the Massachusetts Auto Damage Appraisers Licensing Board,
is the act of directing a claimant to or away from any specific repair
shop or requiring that a specific repair shop or individual make
repairs. Steering is illegal in
Massachusetts.
How do I know if I am being steered?
If
you are told that it will take longer to get your car repaired or cost
more if you choose your own shop, BEWARE. You are probably being
steered. Comments such as "We won’t reimburse paint and
materials," "We don’t pay that rate," "We won’t
guarantee the work if you bring the car there," or "We won’t
pay the difference" are misleading and usually untrue.
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?
There
are compelling reasons to choose an independent, trusted repair shop
that you know will make sure the vehicle is truly restored to its
pre-accident condition. Insurance appraisers work for the insurance
company. Independent auto collision
repair facilities work for you. They are looking out for your
best interest. They will negotiate directly with the insurance company
for the proper repairs so that your vehicle is safe for you and your
family. Independent collision repairers look out for your interests and
will serve as your advocate in the repair process.
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 repairs.
What are imitation or non-OEM parts?
Imitation
parts (a.k.a. generic, aftermarket, quality replacement or non-original
equipment manufacturer) are "knockoff" parts made by a company
other than the manufacturer of your vehicle. These parts are made to
look like your vehicle’s parts, but may never have been crash tested
and are not covered under your vehicle manufacturer’s warranty. In its
February 1999 issue Consumer Reports,
published the results of its extensive study of non-OEM parts. The cover
story was entitled, Shoddy Auto Parts:
How to beat car repair rip-offs,
Bumpers that shatter, Parts that don’t fit, Fenders that rust.
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?
The
repair facility is responsible for the workmanship. Insurance companies
do not repair automobiles. If there is a concern, even with a facility
selected by the insurance company, the facility itself is responsible.
Every collision repair shop registered, as a Motor Vehicle Repair Shop
with the Massachusetts Division of Standards is required to have bonding
and is responsible for safe and proper repairs. If your insurance
company claims, "they will not guarantee the repairs," don’t
worry. The repair facility must guarantee them, as required by law.
What can I do, if I believe my insurance company has infringed upon my
rights?
You
can file a written
complaint with the Massachusetts Office of Consumer Affairs (617-521-7777).
You can also call the CARE consumer hotline, toll free, at 1-877-294-3368
for a free brochure or for information about filing a complaint.
What can I do to protect my rights?
Let
your state
representative and senator
know how you feel about big business trying to take even more
control of your life. Let them know that you value your rights and do
not want to lose them. Remember, you pay for insurance. No one has the
right to deny you the repairs necessary to restore your vehicle to
pre-accident condition. It is important to voice your opinion and retain
your rights!
CARE’s
voice is small compared to that of the insurance companies’, but with
your help we can protect your rights before it’s too late.
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