You Have the Right to Choose Your Body Shop
R.I.G.L. §27-29-4(15) Rhode Island Law deems it an Unfair Claims Practice for an insurance company to “require that repairs be made to an automobile at a specified auto body repair shop, or to interfere with the insured’s or claimant’s free choice of repair facility.” You have the legal right to choose your repair facility. Once you tell the insurance company of your choice, they may not discuss your choice or attempt to change your mind.
You May Use the Rental Company of Your Choice
R.I.G.L. §27-29-4(18) No insurance company shall interfere with consumer’s freedom to choose a rental agency. No insurance company may require an insured to pay a rental company when the insured has signed a direction to pay. If the accident is not your fault and the other party’s insurance company has accepted responsibility, you are entitled to a vehicle comparable to your own while your vehicle is undergoing repairs. Ex: If you have an SUV you are entitled to an SUV. However, if you have a Range Rover, the insurance company can provide you with an Explorer or equal SUV; they are not required to provide an identical vehicle.
Whose Insurance Company Pays the Claim?
DBR Regulation 73 §6D: “Where liability and damages are reasonably clear, the Insurer shall not recommend that a Third Party Claimant make a claim under his or her own Policy.” If the accident is not your fault the other party’s insurance company cannot tell you to use your own coverage.
How Much Does the Insurance Company Have to Pay if Your Car is Deemed Totaled?
DBR Regulation 73 §7A(2) “ insurers shall use as guide, the average retail values indicated by the NADA official Used Car Guide, or some service substantially similar.” You are entitled to the actual retail value of your vehicle. You are entitled to the valued state sales tax for your state in the settlement. You are also entitled to a $25 DMV Registration fee.