shadow247
New member
So you've been in a wreck, maybe it was your fault, maybe not. The bottom line is you need to know your rights and your insurance company or the other insurance company is that last place you should look.
1. You have the right to choose the repair shop.
You absolutely do not have to use any "recommended" repair shop. Certain companies have "direct-repair" agreements with certain shops, and they will usually try to push you in that direction. Some of these shops are good, some of them are hacks. Do your research if you don't know who to go to.
2. You do not HAVE to use aftermarket parts. One caveat though, is that you may have to pay the difference between the OEM and aftermarket part depending on state law. These laws vary from state to state, and there isn't a shop out there that knows these laws, I can guarantee it. If it is written in your policy that you have to use LKQ (used/recycled) or aftermarket parts, then you are kind of stuck. However if you are a claimant (you are not at fault) then you may have certain rights that vary from state to state.
3. The repair contract is between you and the repair shop. The insurance company is known as a 3rd party payor. They are paying for the repairs on your behalf, but the ultimate agreement on what is to be repaired is between you and the repair shop. This does not mean that you can ask the insurance company to pay the shop for a brand new fender and then put a used or aftermarket fender. However, if you choose to, you can be paid directly by the insurance company and repair the vehicle however you would like. You can only be paid directly if you hold the title to the vehicle. The insurance company has a legal obligation to protect the leinholder first.
Keep in mind I am not a lawyer, just someone who has been on the repair side of things for a few years and wants to clear up some of the misinformation that is out there. In the end, I will advise you to consult a lawyer if you have any legal questions, and this should in no way be taken as legal advice, other than advising you to contact a lawyer.
1. You have the right to choose the repair shop.
You absolutely do not have to use any "recommended" repair shop. Certain companies have "direct-repair" agreements with certain shops, and they will usually try to push you in that direction. Some of these shops are good, some of them are hacks. Do your research if you don't know who to go to.
2. You do not HAVE to use aftermarket parts. One caveat though, is that you may have to pay the difference between the OEM and aftermarket part depending on state law. These laws vary from state to state, and there isn't a shop out there that knows these laws, I can guarantee it. If it is written in your policy that you have to use LKQ (used/recycled) or aftermarket parts, then you are kind of stuck. However if you are a claimant (you are not at fault) then you may have certain rights that vary from state to state.
3. The repair contract is between you and the repair shop. The insurance company is known as a 3rd party payor. They are paying for the repairs on your behalf, but the ultimate agreement on what is to be repaired is between you and the repair shop. This does not mean that you can ask the insurance company to pay the shop for a brand new fender and then put a used or aftermarket fender. However, if you choose to, you can be paid directly by the insurance company and repair the vehicle however you would like. You can only be paid directly if you hold the title to the vehicle. The insurance company has a legal obligation to protect the leinholder first.
Keep in mind I am not a lawyer, just someone who has been on the repair side of things for a few years and wants to clear up some of the misinformation that is out there. In the end, I will advise you to consult a lawyer if you have any legal questions, and this should in no way be taken as legal advice, other than advising you to contact a lawyer.