YOUR RIGHTS AS A CONSUMER
The best thing to be is prepared. If you have an accident and have to bring your car to a body shop, here are the three most important aspects of New York’s Insurance Laws, Regulation 64. Before you speak to your insurance company, heed these regulations.
Section 2610 of the insurance law says an insurance company cannot require that repairs be made to a motor vehicle in a particular place or repair shop. You have a right to have your vehicle repaired in the shop of your choice.
You do not have to get your vehicle repaired to receive your payment for damage from your insurance company.
If body parts were used in the repair, the invoice must indicate if each such part is a new original equipment manufacturer part, a new after market equipment manufacturer part or a used part. This is required by part 82.5 of the commissioner’s regulations. This also applies to inflatable restraints (air bags).
1. Section 2610 of the insurance law says an insurance company cannot require that repairs be made to a motor vehicle in a particular place or repair shop. You have a right to have your vehicle repaired in the shop of your choice.
2. You do not have to get your vehicle repaired to receive your payment for damage from your insurance company.
3. If body parts were used in the repair, the invoice must indicate if each such part is a new original equipment manufacturer part, a new after market equipment manufacturer part or a used part. This is required by part 82.5 of the commissioner’s regulations. This also applies to inflatable restraints (air bags).
- While an insurance company may discuss the benefits of its direct repair program, it cannot make you choose its auto repair shop. That choice is yours.
- Except for window glass repair, an insurance company cannot recommend a particular shop unless you ask for a recommendation.
- An insurance company cannot tell you to go to its shop to get your damaged car inspected. The insurer must meet you at some place and time reasonably convenient to you.
- An insurance company cannot tell you that you have to repair your vehicle in order to get paid. If you have damage, the insurer must pay the cost of repairing that damage, whether or not you choose to repair the vehicle.
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