Your rights as a consumer.

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.

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.