- You have the right to have your vehicle repaired in the shop of your
choice. Your insurance company cannot direct you otherwise.
- You are not required to get one or more estimates.
- You are not required to take your vehicle to an insurance company's
"drive in" claim service.
- Your insurance company must negotiate your claim, "in good faith".
You are entitled to a prompt, fair settlement (in monetary value only**)
paying for all damages to restore your vehicle to "pre-accident condition".
- To assist you and protect your investment, you may appoint your chosen
repair shop your "Designated Representative", to negotiate and settle
your claim with the insurance company. (Only as far as your motor vehicle
is concerned)
- Your insurance company has six business days, after proper notification,
to inspect your vehicle and enter negotiations.
- If additional damages are found after repair has started, the insurance
company has two business days to re-inspect and re-negotiate with the
shop your claim (and reach a final decision on what they are going to
cover in the form of a worksheet.)
- The insurance company may not issue a check or draft in payment implying
acceptance of such as final or binding.
- If your vehicle is a total loss (cost of repairs exceed 75% of the
actual cash value of the automobile) (Some insurance companies have
as little as a 60% threshold) payment is calculated by averaging Red
Book and NADA values or the use of a computerized data base, plus NYS
Sales Tax. You are entitled to an evaluation worksheet, and have the
30-day Right of Recourse to question the insurance company's settlement
offer. Any damages to your vehicle over $1000.00 require D.M.V.form
104 to be filed.
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