A CONSUMER’S GUIDE
AUTO
BODY
REPAIR
KNOW WHAT YOUR
POLICY COVERS
Whenever you purchase new car insurance or renew existing coverage,
know what your policy covers. Pay careful attention to rental car coverage,
the type of parts that are covered under your policy (original equipment
manufacturer parts or non-original equipment manufacturer parts),
diminished value, and what type of warranty, if any, your insurer provides.
Please remember this is your vehicle being repaired with your insurance
(or, if someone else caused the accident, with their insurance). You have the
right to make decisions in having your vehicle repaired. Make sure you are
informed of your rights before, during, and after the repair process.
RIGHT TO CHOOSE
YOUR REPAIR SHOP
You have the right to select the repair facility that you want to use and to
participate in the decisions regarding the repair of your vehicle. In making
this choice, you should look into the shop’s reputation and quality of repair.
Under Mississippi aw, an insurance company
may not tell you where you must have your
repairs made.
An insurance company can recommend and
describe a repair facility where they have a
reationship, but they cannot refuse to pay
a caim because the repairs were made at a
particuar repair facility.
The most an insurance company is required
to pay for the repair is the lowest amount that
your vehicle could be properly repaired by
an auto body repair shop within a reasonable
geographical or trade area. You may have to
pay a portion out of pocket if the amount
charged at your chosen shop is more than
the amount another shop in your area would
charge to make a proper repair.
The cheapest estimate of repair cost does
not always include all procedures and parts
necessary to properly repair the vehicle.
In the past few years, technology has vastly
changed car design and repair. Consequently,
auto body repair shops have had to train their
workers to become certified technicians for
certain newer model cars and to invest in
expensive computers and tools in order to
make these repairs.
These new technologies and training may be
necessary to make a proper repair, and shops
with certified technicians, modern tools and
technology may charge more than shops
without these technologies. Depending on the
year, model, and make of your vehicle, you
should make sure these considerations are
part of your discussions with the insurance
company when choosing a shop.
You may choose an auto body repair shop for
any reason that is important to you. However,
make sure the shop’s employees are trained to
repair your particuar make, model, and type
of repair required.
Get a detailed estimate beforehand and ask
about written warranties.
Ask questions about costs and fees up-front,
before authorizing repair work.
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PROPER REPAIR
You have the right to expect that the insurance company will pay for proper
repair procedures according to Mississippi state aw and the terms of
your insurance policy. The damage that may be covered and what may be
provided are defined in the policy. Policies often refer to the actual cash
value of the property immediately prior to the loss or the amount necessary
to properly repair the damage.
A proper repair is performed pursuant to the original equipment
manufacturers’ (OEM) repair procedures and using OEM or OEM-
equivalent parts that have been properly tested pursuant to or meet the
manufacturers’ specifications. It is the duty of your insurance company (or
the other party’s insurance company) to pay for a proper repair. It is the
auto body repair shop’s responsibility to make the proper repair.
Most auto body repair shops provide a repair warranty, but check the terms
and duration. Your insurance company may provide a warranty if you go to
a certain shop. Find out whether this warranty is in addition to the warranty
provided by the shop or is really referring to the same warranty.
PRE-REPAIR CONSIDERATIONS
Determine the amount of out-of-pocket costs before repairs begin. This
could include an insurance deductible and non-covered costs (such as a
rental car if not provided by your policy).
Before the auto body repair shop begins your repair and before you sign an
“authorization of repair” or “direction of payment,” consider at least asking
the following questions:
1 . Ask the shop about the repair process for your vehicle and how it
compares to manufacturer guidelines for those procedures,
2. Ask what storage, administrative, and diagnostic fees you may have
to pay out-of-pocket, when those apply, and what the administrative
costs include, and
3. Confirm that the shop and the auto insurance company agree on the
cost, parts, and steps of the repair before the repair begins.
If additional damage is discovered, shops can give supplemental estimates
to the insurance company expaining the additional costs. However, if they
disagree, it may cause a deay in repairs, and a shop could possibly refuse to
release the vehicle until the full amount is paid.
Your insurance policy may include an appraisal cause for instances in
which you disagree with the insurance company’s estimate of repairs.
Review the appraisal cause in your policy to know how it works before
using. These causes usually allow you and the insurance company to obtain
independent estimates, although you may be required to pay for one of
those as well as for the umpire.
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Under federal aw, a part may not be used if it will make safety systems and elements of
the vehicle, which are reguated by Federal Motor Vehicle Safety Standards, inoperable. You
have the right to expect that the parts repaced will operate and fit correctly and that the
portions of the vehicle damaged in the accident will function correctly after the repair.
PARTS ARE CLASSIFIED AS:
New Parts
Generally, these parts are made to the original manufacturer’s specifications, either by
the Original Equipment Manufacturer (OEM) or an aftermarket independent company
Remanufactured, Rebuilt, and Reconditioned Parts
These terms basically mean the same thing: parts should
have been restored to a sound working condition. Many
manufacturers offer a warranty covering repacement parts
but not the abor to install them.
Salvage or Recycled Parts
These parts are used and taken from another simiar
vehicle without any changes. Salvage parts may be the only
source for certain items, though they’re seldom reliable.
TYPES OF PARTS
USED IN REPAIR
You have the right to decide what type of part is used if your vehicle needs
them repaced due to the accident. By aw, if non-OEM parts are used, it
must be listed on your estimate.
Your auto insurance policy may only pay for used or non-OEM parts where
those parts would properly repair the vehicle. If you choose new Original
Equipment Manufacturer (OEM) parts in this instance, you may have to pay
out-of-pocket.
Prices and quality of parts vary. If a part does not fit or work properly, then other
parts may be necessary at additional cost to you or the insurance company.
AFTER THE REPAIR
After the repair is complete and ideally before leaving the auto body repair
shop, inspect your vehicle and confirm that the damage caused by the
accident has been repaired, possibly including whether:
The gaps between the body panels are the same,
The distance from tire to fender is the same on each side,
The doors, hood, and deck lid open and close smoothly,
The headlights and brake lights work and are even,
All electronic accessories work,
Freshly painted areas match color in a variety of lighting, and
No warning lights are on.
When you start your vehicle, listen for any unusual noises and test the feel
and operation of your vehicle, checking that the vehicle is aligned properly,
that the steering wheel drives straight, and that the brakes work properly.
If you believe anything is wrong, return the vehicle to the repair facility
immediately and inform them of the issues you are experiencing. Keep
all paperwork regarding the repair, particuarly any information about
warranties.
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ADDITIONAL RESOURCES
To learn more about auto insurance or diminished value caims, to find out if
compaints have been filed regarding auto insurance companies, or to file a
compaint, go to www.mid.ms.gov/consumers/auto-insurance.aspx.
To find out if compaints have been filed regarding auto body repair
shops or call 601-359-4230. The Better Business Bureau may also have
information at www.bbb.or g/mississippi.
Scan this QR Code to file a consumer compaint.
To learn more about protecting yourself and your vehicle, go to
www.consumer.ftc.gov/articles/0211-auto-repair-basics and www.i-car.com.
To learn more about auto repair training and references, go to
www.i-car.com/.
To learn more about manufacturer recommendations, go to
www.crashrepairinfo.com or www.oem1stop.com.
THIS DOCUMENT DOES NOT CREATE OBLIGATIONS BEYOND CURRENT STATE AND
FEDERAL LAW.
The Mississippi Attorney General’s Office appreciates the extensive input of multiple
industries in the creation of this Guide. We especially thank those who issue this guide in
conjunction with the Mississippi Attorney General’s Office.
Office of the Attorney General
P.O. Box 220
Jackson, MS 39205-0220
601-359-6766
800-829-6766
www.AttorneyGeneralLynnFitch.com