The following information is designed to aid you in the repair of your damaged
vehicle. This material is intended to be general in nature. Before obtaining
repairs, you may contact your attorney to ensure that this information complies
with current Louisiana laws and regulations. This was prepared by the Automotive Service Association.
Must I obtain three estimates?
There is no legal requirement as to the number of estimates obtained, however,
insurance companies are within their legal right to request a specified number.
As the vehicle owner, you may obtain as many or as few estimates as you like.
I was told I must take my car to a specific facility. Must I do this?
As the owner of a motor vehicle involved in an accident or submitting an
insurance claim, you have the right to select the repair facility of your
choice.
What is the bets procedure for me to get quality repairs and quickly get my
vehicle back on the road?
Take your vehicle to a reputable collision repair shop – one your trust to which
has been recommended by a trusted source. Check for association membership (such
as membership in the Automotive Service Association), and inquire about
education certifications and examples of previous repairs. During the initial
stages, be sure to provide the collision repair facility with an appropriate
documentation relating to the accident, including police reports and insurance
policies.
I do not believe that I was at fault in the auto accident. Should I use my
own collision policy or try to collect from the other party?
If you are having difficulty in getting the other party's insurance company to
assume liability, you may submit a claim to your company. Your insurance
provider can subrogate to the other company on your behalf if they feel there is
opportunity. They may be able to recover your deductible and rental car costs to
you.
No one from the party at fault has made any effort to initiate the repairs of
my automobile. What can I do?
As the owner of the automobile, only you have the legal right to make
arrangements for its repair, not the insurance company. To expedite repairs, you
may submit a claim to your insurance company and then subrogate to the other
company.
Who is responsible to the repair shop for my repair bill – the insurance
company or me?
You are. It is advisable to arrange payment prior to picking up your vehicle.
You may direct an insurance company to pay the repair shop directly, but the
shop should receive payment before you pick up your vehicle – or payment must be
prearranged to the satisfaction of the repair facility. Remember, you are the
customer and the insured. Generally, the repair shop owner looks to you for
payment, and you look to the insurance company for payment.
Who is responsible for the safety,
workmanship and guarantee of my automobile repairs – the insurance company or
the repair shop?
Generally, the repair shop is responsible. In some cases the insurance company
may help you if there is a concern about workmanship.
If I go to a drive-in claims service, do I have to take the car to its
preferred shop?
No. However, if you decide to take your car to your insurer's preferred shop,
ask your insurance company to implement its "elects to repair" clause (check
your insurance policy). This may cause the insurance company to be responsible
for, among other things, the quality of repairs.
I am having a problem with the insurance company. Can the Department of
Insurance help me?
Generally, the Department of Insurance can assist you. We can describe the scope
of our authority to you. You may also want to consider the assistance of the
state attorney general's office.
Can the insurance company and the repair facility make an adjustment and
start repair on the automobile without the consent of the owner?
Generally, no. You should be presented an estimate to know what is being
repaired on your vehicle before repairs are made, unless your policy states
otherwise.
A Final Thought...
Please consult with the Office of Motor Vehicles with regard to safety
requirements for your vehicle. Contact the Department of Insurance to determine
your rights as a vehicle owner in the selection of a particular repair facility.
The owners of some repair shops – including those belonging to the Automotive
Service Association – have pledged to follow a rigid code of ethics. This code
is designed to protect you and your property.
