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Your
Rights as an Insured Motorist
The
GCIA provides the following information to
assist you in the repair of your vehicle. This material is general
in nature and is not intended to be legal advice. Legal questions
about your rights should be directed to an attorney specializing in
automotive claim settlements.
Your insurance
company wants your vehicle repaired properly and for you to be completely
satisfied with their claim service. Your car is the second largest
investment you're likely to make. Preserve its value and your safety
by having it repaired professionally, and collecting for any and all
loss of value.You have specific rights and obligations that you should
be aware of. Review your policy. Understand your rights.
If an agreement cannot be reached between your insurance company and
the repair shop, most policies have an "Appraisal Clause" whereby
an independent appraiser can be called in to help resolve the matter.
Getting an
estimate:
Many people
are under the false belief they MUST get several estimates of repair.
Generally, this is not true. Unless your policy states otherwise,
no one can tell you to obtain more than one estimate. You, as the
car owner, have the option to do so if you wish.
It's your car
and you can choose where you want to have it repaired. Unless your
policy states otherwise, choose a repair
shop that you trust and wish to do business with. No matter
where your car is repaired, you are entitled to proper repairs from
the shop and the proper compensation from the insurer. Choose a
shop carefully, make sure they have the proper repair equipment
and their staff technicians are certified. Industry accepted are
I-CAR and ASE.
Take your vehicle
to the repair shop of your choice. Give
the owner/manager your insurance information and ask them to call
your insurance company and advise them as to the damage. You should
also contact your insurance company and advise them where the vehicle
is location.
Whose fault
and who pays:
Generally, if
the accident is your fault, your insurance will cover you, your
vehicle and the other party and their vehicle. If it wasn't your
fault, the other parties' insurance company should cover you and
your vehicle; so, try to collect from the other party because you
will not have to pay a deductible. Remember that if you use the
other person's policy, you could be entitled to a rental car. In
addition, if the accident was not your fault, it should not be charged
against your policy.
Remember that
you are the insured and own the car and are ultimately responsible
for paying the repair bill. You may wish to direct your insurance
company to pay the repair shop directly, but the payment must be
in the hands of the repair agency when you pick up your vehicle.
The repair shop owner will look to you for payment and you should
look to the insurance company for payment.
Generally, the
repair shop is responsible for any guarantees of workmanship. Another
reason to choose your repair facility wisely. Request a copy of
the "Written Warranty" including labor, materials, parts and paint,
Do Not accept less than one year on workmanship and in most cases
three to five years on paint!
Sometimes, the
party at fault insurance company is slow to act in getting your
vehicle repaired. Remember that you are the owner of the automobile
and only you have the legal right to make arrangements for the repair
of your automobile, not the insurance company.
Unless your policy
states otherwise, it is not mandatory to take your vehicle to a drive-in
claims service. Usually it will suffice for you to call your insurance
company and tell them where a claims person can examine the vehicle.
Insurance Company
preferred shops:
Generally, you
do not have to use your Insurance Company's preferred shop. If you
decide to use their preferred shop, ask if your policy contains
an "elects to repair" clause. This could cause your insurance company
to be responsible for the quality of repairs and a host of other
items.
State Insurance
Commissioner:
If you're having
a problem with the insurance company, the Georgia
state insurance commissioner's office may be of some help. But
the commissioner's authority is limited. Contact the commissioner's
office so they can describe the scope of their authority.
Giving permission
to begin work:
Only you, the
owner, can authorize repairs on your vehicle. You should be presented
an estimate to know what is being repaired on your vehicle before
repairs are made, unless your policy states otherwise.
Insist
on having your vehicle restored to its pre-accident condition and
look into the possibility of recovering Diminution
of Value. Do not be pressured into having repair work done by
a specific shop simply because of lower price. Repair estimates will
vary. A lower estimate may not include necessary things such as front
or rear wheel alignments, re-aiming your headlamps, etc. Sign a release
only when the repairs have been completed to your satisfaction.
The vehicle is being repaired for YOU, the owner. It's your car, make
sure it's repaired to your satisfaction.
You will
be required to pay for the repairs upon completion. To avoid delays,
it will be up to you to secure payment from your insurance company
along with any necessary endorsements from lienholders. GCIA
shops stand ready to assist you in any of these matters. We will
work closely with you to minimize your inconvenience and maximize
your satisfaction. This we pledge to you.
Be
sure to click on all of the additional links we have provided under
the "Consumer" button
in the left-hand column navigational bar. There's a wealth of information
available here, including what to do after
an accident, and much more.
We hope you'll
find our site useful and welcome your comments and suggestions on
how we can improve our efforts. Contact us through phone or eMail
at: 770.641.1810
or gcia@gcia.org.
GCIA
- Helping to Build a Better Tomorrow!
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