The Motorist Bill of Rights
When the great state of Texas required you to carry Liability Insurance on your vehicle, you were given certain legal rights. These rights are called: The Motorist Bill of Rights
1. You have the right to choose the facility where your vehicle gets repaired. You do not have to take your car to the shop with the cheapest estimate or one picked by the insurance company. By law, the insurance company is REQUIRED TO GIVE YOU WRITTEN NOTICE OF YOUR RIGHT TO CHOOSE THE REPAIR FACILITY. IF THE INSURANCE COMPANY FAILS TO GIVE YOU THIS NOTICE OR TRIES TO PERSUADE YOU TO TAKE YOUR VEHICLE TO ANOTHER SHOP, YOU SHOULD FILE A COMPLAINT WITH THE STATE BOARD OF INSURSNCE AT THE ADDRESS BELOW.
2. You do not have to get three written estimates. If requested, you may supply one estimate from the shop where you intend to have the repair work done.
3. If you are the claimant, (you were not at fault), you are entitled to a rental car during the time your car is being repaired (up to 30 days). You may ask that the rental car be brought to your home, work or have them meet you at the shop when you drop off your vehicle for repair. Furthermore, you may leave the rental car at the shop, when you pick up your repaired vehicle. You should discuss these policies with the various rental car companies.
4. If the repair shop of your choice and the insurance company fail to reach an agreed price, you have the right to ask for a third opinion or for arbitration. If you are not satisfied with the way your claim is being handled, contact your insurance agent. If you do not get reasonable results from your agent, then contact the State Department of Insurance listed below:
Texas Department of Insurance
Consumer Protection (111-1A)
P.O. Box 149091
Austin, Texas 78714-9091
512-463-6515 • 800-252-3439
Or on the World Wide Web at:
Do I have to take my vehicle to an insurance company drive-in claims facility for an estimate?
Some insurance companies may want you to visit their drive-in claims centers before having your car repaired. You can do this or you may leave your car at the shop of your choice and have the insurance company inspect the car there. If you have already gone to a drive-in claims facility, make sure you take a copy of the insurance adjuster's estimate with you when choosing a facility to repair your vehicle.
Who is responsible for the guarantee of workmanship and safety of my automobile repairs - the insurance company or the repair shop?
The repair shop and in limited circumstances your insurance company...Your insurance company is not accepting the liability for the quality and safety of your vehicle's repair. Therefore, you and you alone must control the fate of your vehicle's repair by choosing a proper facility that is adequately trained and equipped to restore your vehicle to its pre-accident condition. You have the legal right and authority to do so.
Who is responsible for payment to the repair shop - the insurance company or me?
You are... Your insurance policy states that your insurance company will pay for the damages to your vehicle, less the deductible amount. You may instruct your insurance company to pay directly to the repair shop of your choice, however, full payment must be arranged prior to your vehicle being picked up.
Safety, Quality, and Cost of repairs:
1) If your vehicle is damaged through someone else's fault, that other person's insurance company generally cannot be held directly responsible for the quality or safety of repairs done on your car.
2) The standard measure of damages is the "reasonable" cost of necessary repairs. Therefore, select a repair facility that understands its obligations to you - its customer - and exercise caution when someone tells you that the repairs can be preformed "cheaper" somewhere else. Keep in mind, as the owner, you have the right to choose the repair methods best suited to restore your vehicle.
