California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 1 - Fair Claims Settlement Practices Regulations › Section 2695.85 - Auto Body Repair Consumer Bill of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every insurer that issues automobile
				  liability or collision insurance policies shall provide the named insured(s)
				  with an Auto Body Repair Consumer Bill of Rights either at the time of
				  application for an automobile insurance policy, at the time a policy is issued,
				  or following an accident or loss that is reported to the insurer. If the
				  insurer provides the insured with an electronic copy of a policy, the bill of
				  rights may also be transmitted electronically. If the insurer provides the bill
				  of rights following an accident or loss, the insurer shall also provide the
				  bill of rights to the particular insured filing the insurance claim. If the
				  insurer provides the bill of rights at the time of application or policy
				  issuance, all named insureds that have not previously received the bill of
				  rights shall be provided with a copy upon renewal of the policy.
(b) The requirements set forth in subsection
				  2695.85(a),
				  above, shall apply to all automobile liability and collision insurance policies
				  issued in California including commercial automobile, private passenger
				  automobile, and motorcycle insurance policies.
(c) The Auto Body Repair Consumer Bill of
				  Rights shall be a separate standardized document and plainly printed in no less
				  than ten-point type. An insurer may distribute the form using its own
				  letterhead, but the language of the Auto Body Repair Consumer Bill of Rights
				  shall be developed by the California Department of Insurance and shall read as
				  follows:
AUTO BODY REPAIR CONSUMER BILL OF
					 RIGHTS
A CONSUMER IS ENTITLED TO:
1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR
				  AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY SHALL
				  NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR
				  SHOP.
2. AN ITEMIZED WRITTEN
				  ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED
				  INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS
				  AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AND
				  INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED,
				  OR REBUILT.
3. BE INFORMED ABOUT
				  COVERAGE FOR TOWING AND STORAGE SERVICES.
4. BE INFORMED ABOUT THE EXTENT OF COVERAGE,
				  IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING
				  REPAIRED.
5. BE INFORMED OF WHERE
				  TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY
				  REPAIRS.
6. SEEK AND OBTAIN AN
				  INDEPENDENT REPAIR ESTIMATE DIRECTLY FROM A REGISTERED AUTO BODY REPAIR SHOP
				  FOR REPAIR OF A DAMAGED VEHICLE, EVEN WHEN PURSUING AN INSURANCE CLAIM FOR
				  REPAIR OF THE VEHICLE.
COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF
					 AUTOMOTIVE REPAIR
Complaints concerning the repair of a vehicle by an auto
					 body repair shop should be directed to:
Toll Free (866) 799-3811
Bureau of Automotive Repair
10949 North Mather Blvd.
Rancho Cordova, CA 95670
The Bureau of Automotive Repair can also accept complaints
					 over its web site at:
www.autorepair.ca.gov
COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA
					 INSURANCE COMMISSIONER
Any concerns regarding how an auto insurance claim is
					 being handled should be submitted to the California Department of Insurance
					 at:
(800) 927-4357 or (213) 897-8921
California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA 90013
The California Department of Insurance can also accept
					 complaints over its web site at:
www.insurance.ca.gov