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What should I do if I am
involved in an accident? |
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Do I have to take my vehicle to a drive-in
claims center or get multiple appraisals? |
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Do I have to use a specific collision
repair facility? |
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What is "steering"? |
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How do I know if I am being steered? |
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Why should I choose my own repair facility
rather than one "suggested" by the insurance company? |
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What are imitation or non-OEM parts? |
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Who guarantees the workmanship for
the repairs? |
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No matter how minor, it is wise to report every accident to
the police. Then, contact the registered collision repair shop
of your choice. Your independent repair shop can assist you
with the processing of your claim, answer your questions, and
advise you to ensure safe and proper repairs are made to your
vehicle.
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No. If you request it, your insurer must inspect the damage
to your vehicle at your chosen collision repair shop rather
than at their drive-in claims center. They are legally prohibited
from coercing or using any tactics intended to prevent you from
seeking damage appraisals from your own body shop rather than
their drive-in facility. [MGL 26 8G]
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No. In Massachusetts, you have the absolute right to select
the collision repair shop of your choice. When your insurer
gives you a list of registered repair shops, they likely will
have indicated those shops which have entered into a contract
with them. The contract determines how your vehicle will be
repaired and encourages the use of imitation replacement parts.
By choosing an insurance preferred or referral shop, you may
be giving up your rights in the repair process. [Reg 212 CMR
2:04:(c)]
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Steering, as defined by the Massachusetts Auto Damage Appraisers
Licensing Board, is the act of directing a claimant to or away
from any specific repair shop or requiring that repairs be made
by a specific repair shop or individual. Steering is illegal
in Massachusetts. discounts possible!
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If you are told that it will take longer to get your car repaired
or cost more if you choose your own shop, BEWARE. You are probably
being steered. Comments such as "We won´t reimburse
paint and materials," "We don´t pay that rate,"
"We won´t guarantee the work if you bring the car
there," or "We won´t pay the difference"
are misleading and usually untrue.
Massachusetts has strong consumer protection laws that require
insurance companies to expedite appraisals within specific timeframes.
Insurance companies are required to negotiate in good faith
with any registered collision repair facility on the proper
cost to repair the vehicle to pre-accident condition. You pay
insurance premiums and contract to pay a specific deductible
in the event repairs are required. In effect, you´ve already
paid for proper repairs. Don´t be intimidated. Steering
is illegal in Massachusetts.
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There are compelling reasons to choose an independent, trusted
repair shop that you know will make sure the vehicle is truly
restored to its pre-accident condition. Insurance appraisers
work for the insurance company. Independent auto collision repair
facilities work for you. They are looking out for your best
interest. They will negotiate directly with the insurance company
for the proper repairs so that your vehicle is safe for you
and your family. Independent collision repairers look out for
your interests and will serve as your advocate in the repair
process.
Preferred or referral repair shops represent the insurance company
in both negotiations and the repair of the vehicle. They contract
with insurance companies regarding the repairs, the costs and
the repair procedures. The insurance company sets the rules
and the repair shop simply follows them to keep the insurance
companies’ costs down. These cost reductions have to come
from somewhere. They may affect the quality and thoroughness
of the repair service and/or the quality and condition of the
parts used. You have paid your insurance premiums with the expectation
of receiving safe and proper repairs – not cheap repairs.
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Imitation parts (aka generic, aftermarket, quality replacement
or non-original equipment manufacturer) are "knockoff"
parts made by a company other than the manufacturer of your
vehicle. These parts are made to look like your vehicle´s
parts, but may never have been crash tested and are not covered
under your vehicle manufacturer´s warranty. In its February
1999 issue Consumer Reports, published the results of its extensive
study of non-OEM parts. The cover story was entitled, Shoddy
Auto Parts: How to beat car repair rip-offs, Bumpers that shatter,
Parts that don´t fit, Fenders that rust.
In addition to these concerns, there are no provisions for recalls
based on the safety or performance of these parts. Your insurance
company may attempt to use imitation parts to save money on
your vehicle´s repairs. An independent collision repair
facility will help you negotiate with your insurance company
for the appropriate original equipment manufacturer´s
parts to maintain the integrity and value of your vehicle.
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The repair facility is responsible for the workmanship. Insurance
companies do not repair automobiles. If there is a concern,
even with a facility selected by the insurance company, the
facility itself is responsible. Every collision repair shop
registered as a Motor Vehicle Repair Shop with the Massachusetts
Division of Standards is required to be bonded and is responsible
for safe and proper repairs. If your insurance company claims
"they will not guarantee the repairs," don´t
worry. The repair facility must guarantee them, as required
by law.
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| Information furnished by Massachusetts
Auto Body Association, Inc. |
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