What should I look for when choosing a facility to repair my vehicle?

Referrals from other satisfied customers. The shop owner/manager should be willing to take you around the shop to give you a first hand view of the equipment and procedures being used. Ask for evidence of employee training and certification. Notice the attitude and commitment of the shop owner/manager towards a quality restoration of your vehicle to its pre-accident condition. Look for state repairers licenses, from the Secretary of State, are posted. All motor vehicle repairers and rebuilders in the State are required by the Secretary of State to have a state repairers license posted as per Section 5-301 of the Illinois Vehicle Code. Illinois law requires that insurance companies may not do business with any automotive repair facility not licensed by the Secretary of State.

Can the insurance company make me to go to their claims center for an estimate?

No. You can drop the vehicle off at the shop of your choice and they will schedule an insurance adjuster to come out. If you do go to their claims center, accept the estimate and the check they give you. But, do not sign anything that states you accept their check as payment in full. The insurance company realizes the repair shop may call with additional damage costs.

Must I obtain three estimates?

No one can require you to obtain more than one estimate. You, as the vehicle owner, however, may do so should this be your desire.

Am I required to notify my insurance company before repairs being on my vehicle?

YES. Your insurance policy requires you to notify your insurance company and make a claim report. Once a claim report has been made, you may proceed to leave your vehicle at the repair facility of your choice and notify the insurance company claim representative where your damaged vehicle may be inspected. Once a claim adjuster has had an opportunity to inspect your vehicle, you may authorize repairs to begin.

Can my insurance company authorize a repair shop to start repairs on my vehicle without my consent?

No. Only the vehicle owner may authorize repairs. You must be presented with an estimate to know what is being repaired on your vehicle before repairs are started. Additionally, Illinois requires written estimates on repairs.inspected. Once a claim adjuster has had an opportunity to inspect your vehicle, you may authorize repairs to begin.

Who is responsible for payment to the repair shop…the insurance company or me?

You are. Your insurance policy contract states that your insurance company will pay for the damages to your vehicle, less the deductible amount. You may instruct your insurance company to pay directly to the repair shop of your choice, however, full payment must be arranged prior to your vehicle being picked up.

When is alternative transportation provided?

If you are an insured, check with your insurance provider. Generally speaking, if your vehicle is legal and safe to drive, scheduling to have your vehicle repaired will insure that you will not incur any of the costs. If you are a third party claimant and your vehicle is legal and safe to drive, scheduling your vehicle for repairs will insure that you will not incur any rental charges. If your vehicle is unsafe or illegal (it may be ticketed) to drive due to the accident, you are entitled to a replacement vehicle immediately upon being issued a claim number. A reputable shop will be able to take care of all the above to as part of their service and as a convenience to you. You are responsible for insurance coverage you purchase from the rental company.

What if my insurance company refused to work with the shop of my choice?

By law, an insurance company cannot refuse your request and must negotiate with the shop of your choice.

What should I do if my vehicle is totaled?

The Insurance Company responsible for your claim must pay for the cost of an equal replacement vehicle or provide you with a replacement vehicle. It is their choice. The Insurance Company may offer you a dollar amount for your vehicle. If you do not feel this is an adequate amount, you will need to substantiate your claim for a higher dollar amount with independent written evidence showing the worth of a similar vehicle (year, model, mileage, condition and options) in the same market area.

What is diminished value?

Inherent Diminished Value: Value of the vehicle is automatically lowered because the vehicle has been in an accident. Regardless of repair quality, consumers and dealers will not pay as much for your vehicle. The Insurance Company owes you the difference in the value of your vehicle pre-accident to post-accident. Repair Related Diminished Value: Diminished Value as a result of poor repairs that fail to restore your vehicle to pre-loss condition, even though the insurance company paid for proper repairs. The repair shop owes for the cost of re-performing repairs to your vehicle. Any reputable shop will have a lifetime warranty on all their work. Insurance Related Diminished Value: Caused by the Insurance Company refusing to pay for the proper procedures, parts and materials to restore your vehicle to pre-loss condition.

Who is responsible for the guarantee of workmanship and safety of my automobile repairs…the insurance company or the repair shop?

The repair shop, and in limited circumstances, your insurance company. Your insurance company is not accepting the liability for the quality and safety of your vehicle’s repair. Therefore, you and you alone must control the fate of your vehicle’s repair by choosing a proper facility that is adequately trained and equipped to restore your vehicle to its pre-accident condition. You have the legal right and authority to do so.

My insurance company does not agree with my repair facility on how my vehicle should be repaired or what it should cost…what can I do?

Most insurance policy contracts contain an appraisal clause. When the insurance company and the customer fail to agree, either party may demand an appraisal of loss within 60 days after the claim has been filed. Each party may then select a competent appraiser to represent them, and the two appraisers will select a competent and disinterested umpire. If the two appraisers do not agree, they submit their findings to the umpire. A decision by the umpire which agrees with either appraiser will determine the amount of loss. Safety, Quality and Cost of Repairs... If your vehicle is damaged through someone else’s fault, that other person’s insurance company generally cannot be held directly responsible for the quality or safety of repairs done on your car. The standard measure of damages is the "reasonable" cost of necessary repairs. Therefore, select a repair facility that understands its obligations to you, its customer, and exercise caution when someone tells you that the repairs can be performed "cheaper" somewhere else. Keep in mind, as the owner, you ;have the right to choose the repair methods best suited to restore your vehicle.

What should I do if the insurance company refuses to pay for a pre-loss repair?

Bring your vehicle to Benny and Sons. We can negotiate for you to have your vehicle repaired to pre-loss condition. Pay for the difference in the repair bill yourself. Obtain a written statement from the body shop detailing any denied procedures and take your bill to Small Claim's Court. You may have to file against the individual who caused the accident. We recommend consulting an attorney for specifics. You can record a complaint with the Rockford Illinois's Insurance Commissioner. This cannot be depended upon for timely enforcement of the Insurance Code or state law.

How do I file an insurance complaint?

The Rockford Illinois Insurance Department maintains a toll free consumer line (1-800-852-3416) and a Consumer Division to respond to consumer questions and to investigate charges of inappropriate behavior by insurance companies. The Department may also be contacted through its web site: www.state.nh.us/insurance. When filing a complaint with the Insurance Commissioner you need to send the complaint form along with copies of other documents that support your complaint. You should include a copy of your insurance policy and any correspondence with the insurance company.

yOUR rIGHTS

Answers to questions about consumer rights in collision repair.

What should I look for when choosing a facility to repair my vehicle?
Referrals from other satisfied customers.
The shop owner/manager should be willing to take you around the shop to give you a first hand view of the equipment and procedures being used.
Ask for evidence of employee training and certification.
Notice the attitude and commitment of the shop owner/manager towards a quality restoration of your vehicle to its pre-accident condition.
Look for state repairers licenses, from the Secretary of State, are posted. All motor vehicle repairers and rebuilders in the State are required by the Secretary of State to have a state repairers license posted as per Section 5-301 of the Illinois Vehicle Code. Illinois law requires that insurance companies may not do business with any automotive repair facility not licensed by the Secretary of State.
Can the insurance company make me to go to their claims center for an estimate?
No. You can drop the vehicle off at the shop of your choice and they will schedule an insurance adjuster to come out.

If you do go to their claims center, accept the estimate and the check they give you. But, do not sign anything that states you accept their check as payment in full. The insurance company realizes the repair shop may call with additional damage costs.
Must I obtain three estimates?
No one can require you to obtain more than one estimate. You, as the vehicle owner, however, may do so should this be your desire.
Am I required to notify my insurance company before repairs being on my vehicle?
YES. Your insurance policy requires you to notify your insurance company and make a claim report.

Once a claim report has been made, you may proceed to leave your vehicle at the repair facility of your choice and notify the insurance company claim representative where your damaged vehicle may be inspected. Once a claim adjuster has had an opportunity to inspect your vehicle, you may authorize repairs to begin.
Can my insurance company authorize a repair shop to start repairs on my vehicle without my consent?
No. Only the vehicle owner may authorize repairs. You must be presented with an estimate to know what is being repaired on your vehicle before repairs are started.

Additionally, Illinois requires written estimates on repairs.inspected. Once a claim adjuster has had an opportunity to inspect your vehicle, you may authorize repairs to begin.

Who is responsible for payment to the repair shop…the insurance company or me?
You are. Your insurance policy contract states that your insurance company will pay for the damages to your vehicle, less the deductible amount. You may instruct your insurance company to pay directly to the repair shop of your choice, however, full payment must be arranged prior to your vehicle being picked up.
When is alternative transportation provided?
If you are an insured, check with your insurance provider. Generally speaking, if your vehicle is legal and safe to drive, scheduling to have your vehicle repaired will insure that you will not incur any of the costs.

If you are a third party claimant and your vehicle is legal and safe to drive, scheduling your vehicle for repairs will insure that you will not incur any rental charges.

If your vehicle is unsafe or illegal (it may be ticketed) to drive due to the accident, you are entitled to a replacement vehicle immediately upon being issued a claim number. A reputable shop will be able to take care of all the above to as part of their service and as a convenience to you. You are responsible for insurance coverage you purchase from the rental company.
What if my insurance company refused to work with the shop of my choice?
By law, an insurance company cannot refuse your request and must negotiate with the shop of your choice.
What should I do if my vehicle is totaled?
The Insurance Company responsible for your claim must pay for the cost of an equal replacement vehicle or provide you with a replacement vehicle. It is their choice.

The Insurance Company may offer you a dollar amount for your vehicle. If you do not feel this is an adequate amount, you will need to substantiate your claim for a higher dollar amount with independent written evidence showing the worth of a similar vehicle (year, model, mileage, condition and options) in the same market area.
What is diminished value?
Inherent Diminished Value: Value of the vehicle is automatically lowered because the vehicle has been in an accident. Regardless of repair quality, consumers and dealers will not pay as much for your vehicle. The Insurance Company owes you the difference in the value of your vehicle pre-accident to post-accident.

Repair Related Diminished Value: Diminished Value as a result of poor repairs that fail to restore your vehicle to pre-loss condition, even though the insurance company paid for proper repairs. The repair shop owes for the cost of re-performing repairs to your vehicle. Any reputable shop will have a lifetime warranty on all their work.

Insurance Related Diminished Value: Caused by the Insurance Company refusing to pay for the proper procedures, parts and materials to restore your vehicle to pre-loss condition.

Who is responsible for the guarantee of workmanship and safety of my automobile repairs…the insurance company or the repair shop?
The repair shop, and in limited circumstances, your insurance company. Your insurance company is not accepting the liability for the quality and safety of your vehicle’s repair. Therefore, you and you alone must control the fate of your vehicle’s repair by choosing a proper facility that is adequately trained and equipped to restore your vehicle to its pre-accident condition. You have the legal right and authority to do so.
My insurance company does not agree with my repair facility on how my vehicle should be repaired or what it should cost…what can I do?
Most insurance policy contracts contain an appraisal clause. When the insurance company and the customer fail to agree, either party may demand an appraisal of loss within 60 days after the claim has been filed. Each party may then select a competent appraiser to represent them, and the two appraisers will select a competent and disinterested umpire. If the two appraisers do not agree, they submit their findings to the umpire. A decision by the umpire which agrees with either appraiser will determine the amount of loss.

Safety, Quality and Cost of Repairs...
If your vehicle is damaged through someone else’s fault, that other person’s insurance company generally cannot be held directly responsible for the quality or safety of repairs done on your car. The standard measure of damages is the "reasonable" cost of necessary repairs. Therefore, select a repair facility that understands its obligations to you, its customer, and exercise caution when someone tells you that the repairs can be performed "cheaper" somewhere else. Keep in mind, as the owner, you ;have the right to choose the repair methods best suited to restore your vehicle.
What should I do if the insurance company refuses to pay for a pre-loss repair?
Bring your vehicle to Benny and Sons. We can negotiate for you to have your vehicle repaired to pre-loss condition. Pay for the difference in the repair bill yourself. Obtain a written statement from the body shop detailing any denied procedures and take your bill to Small Claim's Court. You may have to file against the individual who caused the accident. We recommend consulting an attorney for specifics.

You can record a complaint with the Rockford Illinois's Insurance Commissioner. This cannot be depended upon for timely enforcement of the Insurance Code or state law.
How do I file an insurance complaint?
The Rockford Illinois Insurance Department maintains a toll free consumer line (1-800-852-3416) and a Consumer Division to respond to consumer questions and to investigate charges of inappropriate behavior by insurance companies. The Department may also be contacted through its web site: www.state.nh.us/insurance.

When filing a complaint with the Insurance Commissioner you need to send the complaint form along with copies of other documents that support your complaint. You should include a copy of your insurance policy and any correspondence with the insurance company.

This information has been prepared by Automotive Service Professionals of Illinois as a public service to consumers. Readers are cautioned that this information is provided only as a guide to the general principles involved in the laws. You should consult your own attorney for specific legal advice or opinions.