After getting an injury in an auto accident due to carelessness and negligence of somebody else, aside from their own injuries and damages, the next concern of most people is repairing their vehicle and getting back on the road as soon as possible. That’s the second reason why you need to contact us. Hire Maison Law right after you leave the hospital.
Don’t Let to the Opposing Insurer Steer You to Their Preferred Shop
It’s perfectly legal for the insurer of the party who caused your accident to recommend a certain body shop for repairs, but pursuant to section 758.5 of the California Insurance Code, an insurer is forbidden from requiring you to have your vehicle repaired at a specific dealer or collision repair shop. Of course, if you carried collision coverage at the time of your accident, you can have the vehicle repaired at a shop that you select. However, there’s likely to be a deductible that you’ll need to pay. You might also want to use your own towing and rental coverage too. But the opposing insurer must advise you whether there is rental coverage available to you.
Be Sure to Get a Written Estimate
The business that a victim selects to have their car repaired at is required to give him or her a written estimate pursuant to the California Fair Claims Settlement Practices Act section 2695.8(f). Repairs must be made in a “good and workmanlike manner.” Therefore, if this estimate fails to cover the repairs, and supplemental estimates are necessary, the opposing carrier has two options. They must either pay the difference between the original estimate and the supplemental estimate or provide you a list of repair shops that can fix your car in accordance with the original estimate. It can also elect to reasonably adjust any repair estimates from a repair shop that the accident victim selects. They can use after-market parts, but the insurer has to warrant that they are safe. Such parts must show proper manufacturer identification.
Your Receipt
After they tell you that your car is ready, don’t just go to the shop and drive away. You should ask for a receipt (invoice) that details all parts and labor. Keep it in a safe place in case any warranty issues arise.
Contact a California Personal Injury Lawyer
The State of California has some of the most consumer-friendly post-accident vehicle repair laws in the United States. We’re a personal injury law firm and not a personal property damage firm. However, we can inform and advise you of your rights in the context of repairs, towing and rental after an accident. Since clients retain us as personal injury lawyers, we don’t charge a penny when we provide such extra services. We only get paid from any personal injury settlements or awards. There’s more than one reason for hiring Maison Law right away after getting an injury in a motor vehicle accident. We want to see you back on the road again too. That’s just one of the ways that we help keep insurance companies from taking advantage of injury victims every day.
