| 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]
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questions.
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 repairs be made by a specific repair shop or individual. Steering
is illegal in Massachusetts.
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questions.
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.
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questions.
What are imitation or
non-OEM parts? Imitation parts (aka 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 be bonded 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 rights have been infringed upon by my insurance
company? You can file a written
complaint with the Massachusetts Office of Consumer Affairs
(617-521-7777). Contact us at 781-826-0553 781-826-0593 (fax) 800-487-6222 (ITS MABA)
for a free brochure or for information
about filing a complaint.
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questions.
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. |