Will I be able to take my damaged car to the repair shop of my choice?
Yes, you have the legal right to choose who you want to fix your vehicle. When you report your claim, make sure to tell your insurance company, right away, which shop you would prefer to repair your vehicle. Your insurer should NOT attempt to influence your decision about where to have your vehicle repaired & they are obligated to cover all reasonable costs of repairing your vehicle to its pre-accident condition, no matter who you choose to do the repairs.

Does my insurance company have a right to inspect my vehicle?
Yes, but aren't required to do so. If your insurance company chooses to perform an inspection, they can legally require you to travel a reasonable distance to complete their inspection. However, they cannot require you to drive your own vehicle to a “drive-in” claim center. Instead, an adjuster of their choosing may perform the inspection.

Do I have to obtain more than one estimate?
Your insurance company might require more than one estimate before settling your claim. Multiple estimates help insurance companies to determine the extent of your loss & may help prevent fraudulent claims. However, if your insurer requests more than two estimates, they are responsible to pay for them. And your insurance company may not legally require “unreasonable travel” for you to obtain an estimate or for the company to inspect your vehicle.

Can the repair shop I choose adjust its estimates of charges to absorb the deductible required by my insurance company?
No, the repair shop can't change the cost of repairs to help you pay your deductible. Misrepresenting the cost of repairs constitutes fraud which is, of course, illegal.

Can I have my vehicle repaired with original equipment parts & does insurance company have to pay for them?
If parts need to be replaced on your damaged vehicle, your insurance company is legally required to pay for original equipment (OE) parts, unless you agree to aftermarket parts (parts which were not made by your vehicle’s manufacturer). However, your insurance company is only responsible to restore your vehicle to it's pre-damage condition. If your vehicle wasn't new at the time of the loss, the insurer doesn't have to pay for new OE parts. They must pay for parts of “like kind & quality” (OE parts of comparable age and condition). If you request new OE parts for an older vehicle, you may have to pay the difference.

If I don't agree with my insurance company about the amount of damage to my vehicle, can I do anything about it?
Yes, the insurance company is required to return your vehicle to the condition it was in before it was damaged. The company can either choose to pay all costs to satisfactorily repair your vehicle, including all obvious & hidden damage, or they may offer a cash settlement to pay for the satisfactory repair of your vehicle.

“Depreciation” refers to a reduction in your settlement based on the age or use of a part that is to be replaced. Certain parts on your vehicle have a “life expectancy” and your insurance company may take this into consideration. For example, if a tire on your vehicle is expected to last 60,000 miles, but it was used for 30,000 miles at the time of the accident, your insurance company may elect to pay only 50% for a new tire. The company can also deduct the difference in cost if you insist on using a new part, rather than an available used part, appropriate for the age and condition of the vehicle.

What should I do if my insurance company gives me a “comparative negligence” assignment?
Insurance companies are required to conduct a reasonable investigation & offer a fair settlement once liability has become reasonably clear. If you are making a claim for recovery from the other driver’s insurance company, your settlement may be reduced if the investigation determines that you are even partially responsible for the accident.

Do I have the right to a rental car?
If you have not purchased rental car coverage & if you were responsible for the accident, you would not be entitled to reimbursement under most insurance policies. If the other driver is determined to be liable for the accident, you would have the right to seek reimbursement from the other driver’s insurance company.
If you have purchased rental car coverage, you can file a claim with your own company for reimbursement, or if the other driver was liable for the accident, you have the right to seek reimbursement from the other driver’s insurance company. You are generally entitled to a vehicle comparable to your own. However, in the case of certain high-value, high-value vehicles, you may have to demonstrate why you need a specific replacement vehicle.