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As a Consumer, Your Rights Are Protected by New York State Insurance Law. The Law Provides the Following:
You have the right to have your automobile repaired in the 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 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.
Your insurance company must negotiate in good faith. You are entitled to a prompt, 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 reinspect 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 database, plus NYS Sales Tax. You are entitled to an evaluation worksheet, 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.
Remember This - You have the right by N.Y.S. Law to have your car repaired at a qualified auto body repair facility of your choice.