Can My Insurance Company Make Me Use Their Body Shop?
Short answer: no. In New York, your insurance company cannot require that your car be repaired at a particular shop. The choice is yours.
What the law says
The right lives in Section 2610 of the New York Insurance Law. An insurer may not require you to use a specific repair facility, and may not even suggest or recommend one unless you ask it to first. There is no exception for your policy type, no exception for the size of the claim, and no exception because the shop you chose isn’t on a list. The one carve-out is a claim only for window glass, where the rule about recommendations does not apply.
Why you’ll still be pushed
Insurers run direct repair programs, which you’ll hear called service first, pro shop, blue ribbon and a dozen other names. A shop in one of those programs has usually agreed to give the insurer discounts, to keep repairs within the scope the insurer’s representative defines, to use the parts the insurer specifies, and to back the insurer if a dispute develops with you. In return, the insurer sends work its way. That arrangement saves the insurer money. It is not built around your car.
What steering sounds like
You’ll recognize these when you hear them: they’re not on our list; we’ve had a lot of problems with that shop; that shop charges too much and you may have to pay the difference; we’re not sure they have the right equipment for your vehicle; that shop may not warranty their work, but if you use ours we guarantee it; it’ll take a long time to get an appraiser out there; if you go to the shop we recommend you won’t have to wait for a check; if you have a problem with your shop we won’t be able to help you.
None of it changes the law. You can simply say: I’ve chosen my shop, please send the appraiser there.
What to do instead
Pick the shop first, then call the claim in. A good shop will deal with the insurer for you: filing, talking to the adjuster, agreeing the estimate, and handling the supplement if more damage turns up once the vehicle is opened. If you believe an insurer has crossed the line, you can file a complaint with the New York State Department of Financial Services.
Delarm’s Auto has been repairing vehicles in Hyde Park for more than fifty years. We’re independent, on no insurer’s list, and we’ll handle the claim for you. Call (845) 229-7353 — the line is answered around the clock.
