Know Your Rights
You Have the Right to Choose Your Own Repair Facility
IF THE ACCIDENT IS NOT MY FAULT, DO I STILL NEED TO USE MY INSURANCE COVERAGE TO PAY FOR THE CLAIM?
IF THE ACCIDENT IS NOT YOUR FAULT, THE OTHER PARTY’S INSURANCE COMPANY CANNOT TELL YOU TO USE YOUR OWN COVERAGE.
DBR Regulation 73 6D: where liability and damages are reasonably clear, the insurer shall not recommend that a Third Party Claimant make a claim under his or her own policy.
MY VEHICLE WAS DECLARED A TOTAL LOSS. IS MY COMPANY REQUIRED TO GIVE ME THE REPLACEMENT COST?
YOU ARE ENTITLED TO THE ACTUAL RETAIL VALUE OF YOUR VEHICLE. YOU ARE ALSO ENTITLED TO A TAX LETTER IF THE INSURANCE COMPANY DOES NOT PAY 7% SALES TAX IN THE SETTLEMENT. YOU ARE ALSO ENTITLED TO A $25.00 DMV REGISTRATION FEE.
DBR Regulation 73 7A(2). ” Insurers shall use as a guide, the average retail values indicated by the NADA Official Used Car Guide, or some service substantially similar”
ARE COLLISION REPAIRS GUARANTEED? FOR HOW LONG?
OUR COLLISION GUARANTEE IS FOR AS LONG AS YOU OWN THAT VEHICLE. PERIOD. IF NECESSARY, WE WILL PAY FOR A RENTAL VEHICLE WHILE YOURS IS BEING CORRECTED.
THE INSURANCE COMPANY TOLD ME THAT I HAD TO GO TO THEIR DRIVE IN CLAIMS CENTER. DO I HAVE TO HAVE MY CAR ESTIMATED THERE?
NO, NOT AT ALL. IT CAN BE A WASTE OF TIME. VERY OFTEN, THE DAMAGED AREA OF YOUR VEHICLE WILL HAVE TO BE DISASSEMBLED IN ORDER TO SEE DAMAGE “HIDDEN” UNDER THE OUTER PANELS. THE INSURANCE COMPANY HAS NO INTENTION OF DISMANTLING AND REBUILDING YOUR CAR. THUS, THEY’LL MISS DAMAGE.
THE INSURANCE COMPANY TOLD ME TO TAKE MY CAR TO THEIR "APPROVED" OR "REFERRAL" SHOP. DO I HAVE TO?
ABSOLUTELY NOT. YOU HAVE THE RIGHT TO CHOOSE YOUR REPAIR FACILITY. YOU ARE IN CHARGE! ONCE YOU TELL THE INSURANCE COMPANY OF YOUR REPAIR SHOP CHOICE, THEY MAY NOT, BY LAW, DISCUSS YOUR CHOICE OR TRY TO CHANGE YOUR MIND.
R.I.G.L. 27-29-4 (15) Rhode Island law deems it an Unfair Claims Practice for an insurance company to “require that repairs be made at a specified auto body repair shop, or to interfere with the insured’s or claimant’s free choice of repair facility”
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