Know your rights with your insurance agency in case of an accident. Minnesota state law protects you under statute 72a.201 when you make a claim on your automotive insurance.
You have the right to choose the body shop that will repair your vehicle.
Your insurance company is not allowed to require that you use a shop that they choose. They are also not allowed to attempt to pressure you into choosing one of their preferred shops.
Statute 72a.201 Subd 6: “7) requiring as a condition of payment of a claim that repairs to any damaged vehicle must be made by a particular contractor or repair shop or that parts, other than window glass, must be replaced with parts other than original equipment parts or engaging in any act or practice of intimidation, coercion, threat, incentive, or inducement for or against an insured to use a particular contractor or repair shop. Consumer benefits included within preferred vendor programs must not be considered an incentive or inducement. At the time a claim is reported, the insurer must provide the following advisory to the insured or claimant:
“You have the legal right to choose a repair shop to fix your vehicle. Your policy will cover the reasonable costs of repairing your vehicle to its pre-accident condition no matter where you have repairs made. Have you selected a repair shop or would you like a referral?”
After an insured has indicated that the insured has selected a repair shop, the insurer must cease all efforts to influence the insured’s or claimant’s choice of repair shop;”
You have the right to have your vehicle repaired fully to its pre-accident condition regardless of where you have repairs made.
Your insurance company is not allowed to provide a full repair only if you have your vehicle repaired at an “in-network” shop. They must pay for a full repair regardless of which repair shop you choose. A repair to pre-accident condition also means covering any hidden damage that is not immediately apparent at the initial estimate, but becomes apparent after the repairs have started.
Statute 72a.201: “Satisfactory repair includes repair of obvious and hidden damage caused by the claim incident.”
You have the right to have your vehicle repaired with OEM parts.
An insurer may not require that parts, other than window glass, be replaced with parts other than the original equipment parts.
Statute 72a.201 Subd 6: “Insurers are required to restore vehicles to their pre-loss condidtion using parts of like kind and quality (OE parts of comparable age and condition.) In the case of newer vehicles where used OE parts are not available, insurers would be required to pay for new OE parts. An insurer must disclose to the vehicle owner in any appraisal any parts to be used (other than window glass) that are not original equipment or are not covered by the manufacturer’s warranty on such parts.
You have the right to choose the rental vehicle company you will use.
This applies only when your comprehensive or collision insurance coverage includes rental vehicle reimbursement.
Statute 72a.201 Subd 6:“(17) failing to inform an insured making a claim under collision or comprehensive coverage, that includes rental vehicle reimbursement coverage, of the insured’s right to select any rental vehicle company. If the insurer recommends a rental vehicle company to the insured, the insurer must also provide the following advisory: “Minnesota law gives you the right to choose any rental vehicle company, and prohibits me from requiring you to choose a particular vendor.””
Some body shops may have their own rental vehicles on site that you can use, meaning you won’t even need to make a special trip to Avis, Budget, or anywhere else.
You have the right to have the vehicle inspected near you, without unreasonable travel
Some insurance companies may want you to visit their drive-in claims center before having your car repaired. You can do this, or you may leave your car at our shop and ask that the insurance company inspect the car here.
Statute 72a.201 Subd 6: “4) regardless of whether the loss was total or partial, requiring unreasonable travel of a claimant or insured to inspect a replacement automobile, to obtain a repair estimate, to allow an insurer to inspect a repair estimate, to allow an insurer to inspect repairs made pursuant to policy requirements, or to have the automobile repaired;”
Buerkle Body Shop will assist you with your insurance claims to make the process as easy as possible for you. Our experienced team considers making your repair as easy as possible to be an important part of the repair process. Contact us if you have questions!
Contact us to speak with one of our experienced team members!
*This is not legal advice. We are not lawyers. Neither Buerkle Body Shop, its affiliated companies, its employees, nor its partners are liable for any actions that anyone takes or does not take based on the content of this page. Consult a lawyer if you need legal advice or clarification. Review the text of the statute for the full text and the context of quotations. MN state law is subject to change. https://www.revisor.mn.gov/statutes/cite/72A.201.