Know Your Rights
Do You Truly Know Your Rights?
To file a complaint with the Texas Department of Insurance, follow these steps:
- Visit the Texas Department of Insurance’s online complaint page, accessible through the provided link.
- Navigate to the middle of the page on the left-hand side.
- Click on the “Online Form” option and follow the straightforward instructions provided.
- You can expect a prompt response, and your complaint will be attended to.
TEXAS DEPARTMENT OF INSURANCE
P.O. BOX 149091
AUSTIN, TX 78714-9091
Telephone:1-800-252-3439
Fax Number: 512-475-1771
Web Address: http://www.tdi.texas.gov/consumer/complfrm.html
The Law States:
“(I) The verbal notice at a minimum must consist of the following:
By law, you have the right to select where your motor vehicle is repaired and the parts used for repairs. However, an insurance company is not required to pay more than a reasonable amount for such repairs and parts. your rights concerning motor vehicle repairs are explained in the insurance code, article 5.07-1, a copy of which will be mailed to you within 15 business days on request.”
Section 5.501 was adopted to become effective on August 17, 1998.
Know Your Rights and Be Protected
- As mandated by the laws of Texas, you have the right to have your car towed to the shop of your choosing and repaired at any body shop you select.
- Only one estimate is needed to determine the amount of damage.
- Always contact your insurance agent to determine if a rental vehicle is available under your policy, and never assume anything.
- Confirm that the insurance company pays for all covered repairs without exception.
- Select a repair shop carefully: The safety of your family depends on quality workmanship, so perform your due diligence and ask as many questions you can until you’re totally comfortable with the collision repairer.
Knowledge is Always Power
Please Note: Contact your insurance company and tell them where you want to have your vehicle repaired, and never be coerced by whatever the insurer tells you.
Certain insurance companies may create the illusion of prioritizing your well-being, but often, their true motivation is to safeguard their own finances and cut costs on your repairs. Some insurers employ meticulously crafted scripts, known as “word tracks,” which are entirely unlawful. This practice is called “steering,” and it occurs regularly among consumers who are unaware of their rights. Remember, you have the legal right to make the decision about who repairs your vehicle, and nobody can dictate that choice to you.
Falsehoods
Below is a brief compilation of typical phrases employed by certain insurance companies when you opt for a collision center that is not part of their preferred network. These are some of the tactics used to sway the customer towards a particular repair facility. It’s important to exercise caution, as your vehicle represents a significant investment, and you have the authority to decide who will perform the repairs.
- “The body shop you chose to work with is not a network shop and they are not on our list, so we can’t guarantee the repairs.”
- False: Every reputable collision repairer offers a Lifetime Warranty/Guarantee for as long as you own the vehicle.
- “If you use that body shop, we can’t get an adjuster out there for several days, but if you take it to our preferred collision center, we will have someone start on it right away.”
- False: This is just another trick to steer you to another collision facility. Insurance companies are required to send adjusters out within 1-2 days. In addition, if you’re the claimant or have car rental coverage on your policy, the insurer is required to pay for your rental expenses while your car is being repaired.
- “If you use that collision repairer, you will have to pay for your rental out-of-pocket.”
- False: Beware, because many insurers will try to force you into a rental reimbursement. This means that they will either attempt to get you to pay with a credit card and then reimburse you after the fact, or offer to send you a check for the number of rental days that are in question. Most insurance companies possess direct bill agreements with car rental companies, but they don’t always disclose all of that information. Always remember that as a claimant, you also have specific rights that a policyholder.
- “If the collision repairer you’ve chosen charges more than the prevailing rate, you will have to pay the difference in full.”
- False: All respected body shops are fully aware of prevailing rates and will rarely make it an issue.
- “Claims will take longer to settle if you decide to use the insurance company of your choice.”
- False: This is not always true. Some insurance companies take longer to respond and won’t pay as promptly as they do for their preferred providers.
10 Important Things to Know Before Your Vehicle is Repaired
Your automobile is likely the second-largest investment you’ll ever make. To maintain its value and ensure your safety, it’s essential to have your vehicle professionally repaired.
Never get behind the wheel of a car that could potentially be unsafe due to damage.
While some insurance companies may suggest visiting their drive-in claims center before arranging repairs, it’s crucial to understand that you are not obligated to do so.
There are no laws requiring you to obtain more than a single estimate or appraisal.
You have the right to choose the collision center of your preference, and no insurance company can compel you to use a specific shop.
It’s common to encounter disparities in repair estimates, and a lower estimate may not cover all necessary work.
When selecting a shop, look for one equipped with uni-body repair tools and staffed by technicians certified by the manufacturer and trained by organizations like I-CAR or ASE.
Inquire whether the collision repairer plans to use genuine factory O.E. replacement parts.
Insist that the chosen shop provides a warranty for their repairs.
Allow the shop you’ve selected to handle the negotiation of your claim directly with the insurance company. Remember, it’s their responsibility, not yours.