Collision Repair Association of California | CRA | Auto Accident | Car Repair

State of California Department of Insurance

John Garamendi, Insurance Commissioner

1. Select the auto body repair shop to repair auto body damage covered by the insurance comapny. An insurance company shall not require the repairs to be done at a specific auto body repair shop.
2. An itemized written estimate for the auto body repairs and, upon completion of repairs, a detailed invoice. Thes estimate and the invoice must include an itemized list of parts and labor along with the total price for the work performed. The estimate and invoice must also identify all parts as new, used, aftermarket, reconditioned, or rebuilt.
3. Be informed about coverage for towing and storage services
4. Be informed about the extent of coverage, if any, for a replacement rental vehicle while a damaged vehicle is being repaired.
5. Be informed of where to preort suspected fraud or other complaints and concerns about auto body repairs.

Your Rights Under the Fair Claims Settlement Practices Regulations

In general, insurance companies are required to do the following:

1. Advise you of all benefits, coverage, time limits, or other provisions of your insurance policy.
2. Acknowledge claim, start investigation, provide forms and instructions, and provide reasonable assistance immediately, but in no event later than 15 days after receiving notice of claim. (Notice of claim is any written or oral communication to the insurance company which reasonably apprises the insurer that you wish to make a claim.)
3. Respond to communications received from you immediately, but in no event later than 15 days.
4. Accept or deny the claim immediately, but in no event later than 40 days after receiving proof of claim. (Proof of claim is documentation in your possession which provides any evidence of the claim and supports the magnitude or the amount of the loss such as estimates of repair or police report indicating theft of your vehicle, et cetera.)
5. Unless the insurer has provided you with the name of a specific towing company prior to your using a towing facility, the insurer must pay reasonable towing expenses.
6. Offer a fair settlement. If you suffered a total loss, settlement must include taxes, license and transfer fees. The settlement must reflect the value of a comparable deductions from the settlement for salvage must be fair, measurable, and discernable.
7. Once the claim has been accepted, the insurer must pay the claim immediately, but in no event later than 30 days from the date settlement was reached.
8. Advise you whether or not they will pursue subrogation. If the insurance company pursues subrogation, they must include your deductible unless you have already recovered your deductible