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FAQ's on Auto Accident & Handling of
Minor Car Accident Claims
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If I do not agree with my insurance company
about the amount of damage, is there something I can do?
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Can I take
my car to the repair shop of my choice?
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Does my
insurance company have the right to inspect my vehicle?
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Can I have
my vehicle repaired with original equipment (OE) parts?
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Do I have to get the car fixed to get paid?
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If I do not agree with my insurance
company about the amount of damage, is there something I can do?
Yes. The insurance company is required to return your vehicle to the condition
before it was damaged. The company can either pay all costs to satisfactorily
repair your vehicle, including all obvious and hidden damage, or they may
offer a cash settlement to pay for the satisfactory repair of your vehicle. If
you disagree with the insurance company about whether they have met their
requirements under the law, contact the Department of Commerce Consumer
Response Team (CRT). You may have the ability to pursue action in small claims
court if you are filing a claim against another party's company, or you can
invoke the appraisal process (which is explained in your policy) if you are
filing a claim with your own company.
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Can I take my car to the repair shop
of my choice?
Your insurance company cannot require you to have your vehicle repaired at a
specific repair shop. You may have your vehicle repaired at the shop of your
choosing; however, the insurance company is only obligated to pay for repairs
based on the lowest estimate that provides for the satisfactory repair of your
vehicle. If you choose to have your vehicle repaired at a shop other than the
low-bidder, you may be responsible for paying the difference.
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Does my insurance company have the
right to inspect my vehicle?
Yes, they have a right to inspect your vehicle, but are not required to do so.
If your company chooses to perform an inspection, they can require you to
travel a reasonable distance to complete their inspection. However, they
cannot require you to drive your vehicle to one of their own drive-in claim
centers. Rather, an adjuster of the insurance company's choosing may perform
the inspection.
If your vehicle cannot be safely driven, the insurance company must inspect
the vehicle within five business days after you notify them of the claim. If
your vehicle can be safely drive, the company must complete the inspection
within 15 days after you notify them of your claim.
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Can I have my vehicle repaired with
original equipment (OE) parts?
If parts are being replaced on your damaged vehicle, your insurance
company is required to pay for original equipment (OE) parts, unless you agree
to after market parts (parts not made by your vehicle's manufacturer).
However, your insurance company is only responsible for restoring your vehicle
to the way it was before it was damaged. If your vehicle was not new at the
time of the loss, the insurer does not have to pay for new OE parts. They must
pay for parts of like kind and quality (OE parts of comparable age and
condition). If you request new OE parts on a older vehicle, you may have to
pay the difference.
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Do I have to get the car fixed to get paid?
No. You are
entitled to be compensated for the damage to your car regardless whether or not
you choose to get it fixed. If you have a car loan, however, the check from the
insurance company will probably be made out to you and your bank, and the bank
may insist you get the car fixed before they sign the check over.
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