Your Rights As A
Consumer

As a consumer, your rights are protected by the New York State Insurance Law. The law provides the following:

• You have the right to have your automobile repaired in a registered shop of your choice. Your insurance company cannot direct you otherwise.
• You are not required to have your automobile repaired or appraised in a shop recommended by your insurance company.
• You are not required to get one or more estimates.
• You are not required to take your car to an insurance company’s drive-in claim service
• Your insurance company must negotiate in good faith. You are entitled to a prompt and fair settlement to repair your car to its pre-accident condition.
• Your insurance company has six days after proper notification to inspect your car. If additional damage is found after dismantling, the insurance company has two business days to re-inspect after proper notification.
• You may legally appoint your repair shop to act as your “Designated Representative” to protect your interest and negotiate a fair claim settlement with your insurance company.
• The New York State Insurance Department licenses all insurance company personnel, including damage appraisers, supervisors, agents and brokers.
• The insurance company may not issue a check or draft in payment of a claim, implying acceptance of such as final or binding.
• If your automobile is a total loss (cost of repairs exceed the actual cash value of the automobile), payment is calculated by averaging Red Book and NADA values or the use of a computerized data base, plus NYS Sales Tax. You are entitled to an evaluation work sheet and you have a 30-day Right of Recourse to question the insurance company’s settlement offer.
• If the damages to your car are over $1,000.00, you must fill out a D.M.V. Form 104.

Please be reminded that you have the right under NYS law to have your car repaired at a qualified auto body repair facility of your choice.