Section 167C of the New York State Law states:

  • YOU HAVE THE RIGHT to have your car repaired in the registered shop of your choice.
  • Your insurance company cannot direct you otherwise.
  • You may legally designate your repair shop to negotiate a fair claim settlement with your insurance company.
  • The insurance company has six business days after proper notification to inspect your car. If additional damage is found after dismantling, the insurance company has two business days to reinspect after proper notification.
  • Your insurance company must negotiate in good faith. You are entitled to a prompt fair settlement to repair your car to it’s pre-accident condition. This includes parts of like, kind and quality equal to original equipment.
  • If the damages to your car are over $1,000.00 you must fill out a D.M.V. Form 104.
  • BY LAW you are not required to have your car repaired in a shop recommended by the 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.
  • No Insurance Company shall issue a check or draft in payment of claim, implying acceptance of such as final or binding.
  • Anyone who estimates collision damage in New York State must be licensed by the New York State Department of Motor Vehicles.
  • Total loss payment is calculated by averaging RED BOOK + N.A.D.A, and/or a computerized data base value. Also calculated are additions for optional and accessory items and low mileage. Deductions for higher mileage, deleted options and certain motors are also calculated. Up to $100.00 may be deducted as Dealer Prep charges.
  • You may request an evaluation work sheet.
  • Difference in repair estimates are common. Ask your shop to explain the method of repair.Ask your repair shop if they are:

I-CAR Trained
A.S.E. Certified

The New York State Department Of Financial Services regulates the insurance industry, including agents and brokers.

If you have a complaint or question
you may direct it to the:
New York State
Department of Financial Services

http://www.dfs.ny.gov/consumer/fileacomplaint.htm

New York State
Department of Motor Vehicles
(518) 474-8943

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