You choose the shop. Not your insurance company
California law gives you six specific rights after a collision, starting with the right to pick the shop that repairs your car. Here is what those rights say, in plain terms, and where to go if a carrier or a shop does not honor them.
Most people do not know what a carrier can and cannot require
After an accident, your insurer may suggest, recommend, or strongly imply that you should use a specific shop in its direct-repair program. Some of that is fair guidance. Some of it crosses into steering, which California law prohibits.
The Auto Body Repair Consumer Bill of Rights (California Insurance Code §1874.87) became law in 2009. It requires every auto insurer in the state to give consumers a written summary of six rights, at policy issuance, at renewal, or after an accident. Many people never see that document, or see it without reading it.
Why publish this? The right to choose your shop is the foundation of how an independent shop like Palladium stays in business. The law that protects your choice is the same law that protects independent shops. It is worth knowing either way.
Your rights under California Insurance Code §1874.87
Paraphrased in plain terms, with the statute cited. None of this is invented; it is California public law. The standardized statutory text is quoted in full below.
California Insurance Code §1874.87
Right to choose your shop
You have the right to select the shop that repairs damage covered by your policy. An insurance company cannot require the repair to be done at a specific shop. A carrier may recommend a shop in its direct-repair program; it cannot require one. If a carrier insists on a specific shop, or implies your coverage shrinks when you go elsewhere, that is steering, which California Insurance Code §758.5 prohibits. Write down the conversation and report it to the Department of Insurance.
California Insurance Code §1874.87
Right to a written estimate
You have the right to an itemized written estimate before work begins, and a detailed invoice when it is done. Both list parts and labor with a total, and identify every part as new, used, aftermarket, reconditioned, or rebuilt. The Automotive Repair Act of 1971 (Business and Professions Code §9884) separately requires a written estimate from any registered repair shop. A shop that will not put the estimate in writing is a warning sign.
California Insurance Code §1874.87
Right to towing and storage information
You have the right to be told what your policy covers for towing and storage. Some policies cover a tow to the shop you choose; some set limits. Storage fees at an impound lot add up daily, so knowing your coverage early helps you move the car to your shop before the fees grow.
California Insurance Code §1874.87
Right to rental vehicle information
You have the right to be told what your policy covers, if anything, for a rental while your car is repaired. Coverage varies: a daily cap, a total limit, or none at all. Collision repairs can run for weeks when parts are delayed, so confirm the daily rate and the day limit before you set a timeline.
California Insurance Code §1874.87
Right to know where to complain
You have the right to know where to report suspected fraud or a complaint. The Bureau of Automotive Repair handles the repair work itself. The Department of Insurance handles how a claim is handled, including steering and denied claims. Contact details are in the next section.
California Insurance Code §1874.87
Right to an independent estimate
You have the right to obtain an independent estimate from a registered shop, even while you pursue an insurance claim. An independent estimate often catches hidden damage the first look missed. If it differs from the carrier's, that difference becomes part of the claim. The shop you choose has a legal right to write it.
What the law requires insurers to tell you
The Auto Body Repair Consumer Bill of Rights, codified at California Insurance Code §1874.87, sets out the standardized language an insurer must provide.
Auto Body Repair Consumer Bill of Rights
A consumer is entitled to:
- Select the auto body repair shop to repair auto body damage covered by the insurance company. An insurance company shall not require the repairs to be done at a specific auto body repair shop.
- An itemized written estimate for auto body repairs and, upon completion of repairs, a detailed invoice. The estimate and the invoice must include an itemized list of parts and labor along with the total price for the work performed, and must identify all parts as new, used, aftermarket, reconditioned, or rebuilt.
- Be informed about coverage for towing and storage services.
- Be informed about the extent of coverage, if any, for a replacement rental vehicle while a damaged vehicle is being repaired.
- Be informed of where to report suspected fraud or other complaints and concerns about auto body repairs.
- Seek and obtain an independent repair estimate directly from a registered auto body repair shop for repair of a damaged vehicle, even when pursuing an insurance claim for repair of that vehicle.
California Insurance Code §1874.87 (A.B. 1179, 2009). Quoted for reference. Confirm current statutory language before relying on it.
Two agencies, depending on the issue
The Bureau of Automotive Repair handles the repair work itself. The Department of Insurance handles how a claim is handled.
Repair work issues
Bureau of Automotive Repair
For the quality of repair work, billing disputes with a shop, suspected fraud, or whether work was actually done. The BAR also runs a no-cost Auto Body Inspection Program: a state-certified inspector verifies that repairs were done correctly.
Phone: (800) 952-5210
Web: bar.ca.gov
Claim handling issues
California Department of Insurance
For how an auto claim is handled: steering toward a specific shop, denial of a valid claim, refusal to pay for a required repair, or conduct by an adjuster that seems improper.
Phone: (800) 927-4357
Web: insurance.ca.gov
What people ask during a claim
Can my insurance company require me to use a specific shop?
No. Under California Insurance Code §1874.87, an insurer cannot require repairs at a specific shop. They can recommend a shop in their direct-repair program, but they cannot require one. You have the right to choose the repair facility.
Do I have to get multiple estimates?
Generally no. One estimate from the shop you choose is usually enough unless your policy says otherwise. You also have the right to an independent estimate from a registered shop, even during an insurance claim.
Can my insurance company require non-OEM parts?
Only under conditions. California regulations let an insurer specify non-OEM parts only if they are at least equal to OEM parts in quality, safety, fit, and performance, and the insurer warrants them as like kind and quality. The insurer also pays for any modifications needed to fit them. We put our OEM recommendation in writing on every estimate so the question is on record.
What must my repair estimate include?
California law requires an itemized written estimate before work begins: parts, labor, the total price, and every part identified as new, used, aftermarket, reconditioned, or rebuilt. You receive a matching detailed invoice when the work is done.
What is the BAR's no-cost collision repair inspection?
The Bureau of Automotive Repair runs a no-cost Auto Body Inspection Program. If you are unsure whether collision repairs were done correctly, including hidden work behind body panels, a state-certified inspector can check the work. Request it through the BAR at bar.ca.gov.
Will Palladium work directly with my insurance company?
Yes. We work with all major carriers and deal with them directly, so you are not relaying messages between us and the adjuster. We document our OEM recommendations in writing on every estimate and note in writing when a carrier overrides them. See our collision repair process for detail.
This page is information, not legal advice
It summarizes California public law and regulatory contacts for your reference. It is not legal advice. An insurance dispute, a repair-quality concern, or a question about claim conduct may call for an attorney or direct contact with the agencies above.
Citations: California Insurance Code §1874.87 (Auto Body Repair Consumer Bill of Rights), California Insurance Code §758.5 (anti-steering), California Business and Professions Code §9884 and following (Automotive Repair Act of 1971). Refer to current California law for the definitive text.
We can write an independent estimate
If you are pursuing a claim and want a second estimate from a shop that documents its OEM recommendations in writing, we will write one. There is no obligation to repair with us. That choice is yours.