Consumers F.A.Q.s

Here are some commonly asked questions that might help clear up a bit of confusion.

If at any time, you are not satisfied with the way the paying insurance company is handling your claim, please go to the Oklahoma Insurance Department Claim Form. Each one of these complaints is researched so your valuable time is not wasted.

Tips

1. What to do if you’re in an accident.

2. Selecting a body shop for repairs.


Insurance questions

1. I have liability insurance, will it cover repairs on my car?

2. I was involved in an accident in which the other driver was at fault and had no liability insurance. Can my rates increase after I file a claim on my own auto policy?

3. My automobile had original parts on it before the accident. Why is the company allowed to use “like kind and quality parts”?

4. It sounds like the insurance wants me to use the body shop they choose, do I have to use that shop?

5. Why is there a difference in price between different body shops and the insurance company?

6. Do I have to pay you my deductible?


Vehicle Repair Questions

1. What do I do about transportation while my car is in the shop?

2. My car is not able to be driven, what do I do?

3. What if I am unhappy with my repairs?

4. How long will my car be in the shop?

5. What if I not satisfied with how the paying insurance company is handling my repairs?

Tips

1. What to do if you’re in an accident.

  • Turn off the ignition.
  • Check all occupants of all vehicles for injury. If there are injuries, call 9-1-1.
  • Call the police. If there are no injuries, call a non-emergency number. If there is a question of fault, you will need a police report to back up the statements. Even if the accident occurred in the parking lot, call the police and ask for a report to be taken for insurance purposes.
  • If possible, take pictures of the vehicles, the area, tag numbers, witnesses, marks or broken parts on the ground, and those involved.
  • If your vehicle is impeding traffic, move to a safe spot out of the area of traffic.
  • Exchange insurance verifications, vehicle registration information and names and phone numbers of the driver. Also, the vehicle year, make and model.
  • After the police have arrived and assessed the scene, determine if your car is able to be driven. If there are any fluids leaking, tires or wheels damaged, windshield damaged, or air bags deployed, DO NOT DRIVE. Call a tow truck. If you do not specify to the officers, they will choose a tow company for you. This can be against your best interest, keep a card on hand for a tow truck driver, if possible. Tell the tow truck driver what body shop to take your car to for repairs. Specify it right then, and you may avoid excessive storage costs.
  • Call the insurance of the at-fault party and file a claim. If you have already chosen your body shop, tell the agent at that time.
  • If you have already chosen your body shop, call the shop and give them your information, and ask for a repair appointment. If you have not yet chosen your body shop, see Tips on how to select a shop.

2. Selecting a body shop for repairs. 

  • Ask them if they handle claims from the insurance company you are using. Some body shops are refusing certain insurance companies due to the the insurance company’s denial of paying for repairs required by the manufacturers.
  • Ask them about their guarantee/warranty. Do they offer a Lifetime guarantee that the paint will never peel or fade, and against all labor?
  • Check them out with the Better Business Bureau and online review sites.
  • Most importantly, ask your friends. Those who have had repairs done can tell you about their experience.

Insurance questions
 

1. I have liability insurance, will it cover repairs on my car?

No. If you are at fault, it will only cover the other parties’ damages.

Liability Coverage 

Most auto liability insurance policies contain three major parts: liability insurance for bodily injury, liability insurance for property damage, and uninsured/underinsured motorist coverage.

Bodily injury liability insurance does not protect you or your car directly. If you cause an accident in which other people are injured due to your negligence, this insurance protects you against their claims for damages, such as medical expenses, lost wages, and pain and suffering.

Property damage liability insurance pays for any damage you cause to the property of others, such as damage to another vehicle, fence, or tree caused by a collision.

Uninsured motorist coverage protects you directly, it does not cover the cost of repairs to your vehicle. This coverage pays if you are injured by a hit-and-run driver or a driver who does not have auto liability insurance. This coverage, in effect, takes the place of the liability insurance that the other driver should have purchased but did not. Underinsured motorist coverage applies when the other driver is at fault and whose limits of liability are lower than the damages you sustained. Your underinsured motorist coverage will pay you an additional amount up to your policy limits.

2. I was involved in an accident in which the other driver was at fault and had no liability insurance. Can my rates increase after I file a claim on my own auto policy? 

No. Section 941 of the Oklahoma Insurance Code says that a company cannot assign driving record points, cancel, refuse to renew or increase the premium rate for any motor vehicle liability or collision insurance policy for the reason that the insured has been involved in a motor vehicle collision and was not at fault.

3. My automobile had original parts on it before the accident. Why is the company allowed to use “like kind and quality parts”? 

Following an auto accident, an insurance company’s limit of liability is the actual cash value of the property or damaged part of the property at the time of the loss. Putting brand new parts on an older vehicle would result in betterment, which is not the intention of the policy. If you still insist on new factory parts, the shop will likely require that you pay the difference between the new parts and the “like kind and quality parts”.

4. It sounds like the insurance wants me to use the body shop they choose, do I have to use that shop?

“Steering” is a tactic that some insurance companies use to pressure or “steer” a customer to a certain replacement facility. Often they tell customers that using a company “other than whom they recommend” will result in the customer having to pay a portion of the repair. In another pressure tactic, they tell the customer that the insurance company will “not guarantee the non-preferred” shops’ work. A good body shop offers you, the consumer, a lifetime guarantee on their work. Insurance companies have many different word tracks to convince you to use their contracted shop. Oklahoma law states you have the right to choose your shop.

5. Why is there a difference in price between different body shops and the insurance company?

Body shop rates and parts prices are typically very similar in a region. If there is a significant difference in the amount, it is usually due to items being missed and resulting in a lower estimate. Insurance companies typically view the damage from pictures and it’s hard for them to assess the damage from images without context. The initial estimate is a starting point, a supplement will be created to include the additional cost.

6. Do I have to pay you my deductible?

If the accident or damage was caused by you, the insured, then you are responsible for paying to the body shop the amount of your deductible to repair your vehicle. You do not pay out-of-pocket to repair the other person’s vehicle. Check your insurance policy to see how much your deductible will cost. If the accident or damage was not caused by you, then you should have no out-of-pocket expense for the deductible.


Vehicle Repair Questions

1. What do I do about transportation while my car is in the shop? 

If someone else is at fault, you are entitled to a rental car to use while yours is down, and they or their insurance will cover most or all the costs associated with the rental car. In some cases, if you choose not to use the rental car portion of the claim, you may be entitled to monetary compensation in exchange. If the accident is your responsibility, you may want to check your insurance policy for rental car coverage.

2. My car is not able to be driven, what do I do?

If you are in an accident and need a tow truck to move your vehicle, most shops will pay the towing expense. Reimbursement to the shop for tow expenses will later be covered by the responsible party or their insurance.

3. What if I am unhappy with my repairs?

You can elect to hire an independent party to perform a Post Repair Inspection. They will assess the repairs and the insurance paid agreements and will perform an inspection on all repairs to make sure they were performed following manufacturer’s recommendations.

 4. How long will my car be in the shop?

It depends on the extent of the damage. Some small repairs can be in and out of the shop within 2-3 days. Full collisions can take 3-4 weeks. Parts replacement can be done the same day, if there is no paint work needed. Parts delays can extend the amount of time in the shop, as will insurance delays.

5. What if I not satisfied with how the paying insurance company is handling my repairs?

Visit Oklahoma Insurance Department for helpful information. If you choose to do so, you may file a consumer complaint again the insurance company.