Your Auto Insurance Claim Survival Guide

Do I have to use the body shop my insurance company recommends?

No. In California, you have the right to choose your own repair shop.

State law backs this up. California Insurance Code Section 758.5 says an insurer can't require that your car be repaired at a specific shop, and it can only recommend one if you ask for a referral or it has told you in writing that you have the right to choose. California's Fair Claims Settlement Practices Regulations (10 CCR § 2695.8) say the same thing, and once you've picked a shop, your insurer isn't supposed to steer you somewhere else.

Jason's take: When an insurance company tries to steer a customer to one of its own network shops, we explain that it's your right to select the body shop you want. The pitch for the insurer's shop usually includes a lifetime, nationwide warranty from both the shop and the insurance company. What often isn't mentioned is that those repairs may use aftermarket, used and possibly substandard parts, and that the insurer pays the shop discounted rates. In Jason's experience, discounted rates can turn into substandard repairs.

What we do: At Clairemont Collision, we do our best to get your insurance company to authorize OEM genuine parts. If we can't, we do our best to price match the OEM parts. We also offer a warranty for as long as you own the vehicle, and we stand behind our work nationwide.

What's a supplement, and why does my first estimate change?

A supplement is an addition to the original repair estimate. The shop sends it to the insurance company when it finds more damage, or more work that's needed, once the repair is underway, and the insurer reviews it before paying for the extra work.

Jason says there are two big reasons a first estimate almost always changes:

• The first estimate is written low. In Jason's experience, the insurance company writes the initial estimate at low rates and with aftermarket and used parts. His view is that the insurance companies hope the vehicle owner won't get the vehicle repaired and will just accept the estimate and the payment.
• Hidden damage. There's a good chance of damage that can't be seen while the vehicle is still assembled. It only shows up once the damaged parts come off.

There are plenty of other reasons a supplement may be needed, too. The takeaway: a supplement is a normal part of the process, and the first estimate is a starting point, not the final number.

OEM vs. aftermarket parts: what's the difference, and should I push for OEM?

OEM (original equipment manufacturer) parts come from your car's manufacturer, the same kind of parts your car was built with. Aftermarket parts are made by a supplier other than the original vehicle manufacturer. Used (recycled) parts come off another vehicle.

Jason's advice is simple: the customer should always push for OEM.

California has rules here too. An insurer can't require non-OEM crash parts unless they're at least equal to OEM parts in kind, quality, safety, fit and performance, and the insurer has to put that warranty in writing on its estimate (10 CCR § 2695.8(g)). Your repair invoice also has to identify each replaced part as OEM, aftermarket, used, reconditioned or rebuilt, so it's worth reading.

If you want OEM parts, tell us early. We'll do our best to get them authorized, and if we can't, we'll do our best to price match them.

What is diminished value, and can I claim it?

Diminished value is the drop in your car's resale value after an accident, even after a quality repair, because the car now has an accident history.

When it applies in California: Jason explains that you can pursue diminished value if you're a claimant against another insurance company, for example the other driver's insurer. You can't pursue diminished value against your own insurer.

My insurance company wants to total my car, but I want to keep it. What can I do?

Insurers usually total a car when the repair cost comes close to, or passes, what they think the car is worth. That doesn't always mean the car can't be repaired.

Jason's answer: Contact Clairemont Collision, and we'll be happy to try to help you.

That's what happened with this 2018 Mercedes-Benz GLS450 4Matic. The insurance company insisted on totaling it, but the owner didn't want the car totaled and asked us to advocate for them. We worked with the insurance company, used our 30 years of knowledge and experience, and the insurer changed its decision and repaired the vehicle.

Every claim is different, and we can't promise the same result, but we'll take a look and give you a straight answer. If your car might be totaled, our total loss help page covers towing, storage while your insurer decides, and more.