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AS A CONSUMER, YOUR RIGHTS ARE PROTECTED BY NEW YORK STATE INSURANCE LAW THE LAW PROVIDES THE FOLLOWING:
- You have the right to have your automobile repaired in the registered shop of your choice. You're insurance company cannot direct you otherwise.
- You are not required to have your automobile repaired or appraised in a shop recommended by the insurance company.
- You are not required to get one or more estimates.
- You are not required to take your car to an insurance company's drive-in claim service
- Your insurance company must negotiate in good faith. You are entitled to a prompt, fair settlement to repair your car to its pre-accident condition.
- Your insurance company has six days after proper notification to inspect your car. If additional damage is found after dismantling, the insurance company has two business days to re-inspect after proper notification.
- You may legally appoint your repair shop to act as your "Designated Representative," to protect your interest and negotiate a fair claim settlement with your insurance company.
- The New York State Insurance Department licenses all insurance company personnel including damage appraisers, supervisors, agents and brokers
- The insurance company may not issue a check or draft in payment of a claim, implying acceptance of such as final or binding.
- If your automobile is a total loss (cost of repairs exceed the actual cash value of the automobile), 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 work sheet and, you have a 30 day Right of Recourse to question the insurance company's settlement offer.
- If the damages to your car are over $1,000.00, you must fill out a D.M.V. form 104.
Remember This -. You have the right by N.Y.S. Law to have your car repaired at a qualified auto body repair facility of your choice.