Thursday, August 20, 2009

Read this, then read your car insurance policy

Let's say you have a brand-new car and you're the victim of an accident or vandalism that requires you to get the car repaired. Fortunately, you have insurance, so you can count on the car being made good as new. Right?

Wrong.

In 2003, while serving in the state Senate, I wrote the law that gives consumers the right to select the collision repair facility of their choice. This law was necessary because insurance companies routinely make deals with preferred shops to use cheaper used or "after-market" parts rather than parts made by the vehicle manufacturer. Sometimes the imitation parts work fine, but too often they don't fit the vehicle or are made of inferior metals and plastics. The law made it illegal for insurers to steer policy holders toward specific shops.

But that's all about to change because of an industry-sponsored bill and a recent legal ruling that are conspiring to make consumers the least important person involved in car repair decisions.

Assembly woman Mary Hayashi, D-Hayward, has introduced AB1200 to roll back California's consumer protections by allowing your insurance company to pressure you into choosing their shop even after you have selected where you want your vehicle fixed. A major insurer recently directed its shops to stop using factory parts on any vehicle with more than 12,000 miles or more than a year old. Never mind the fact that the non-manufacturer parts could void your warranty if it is deemed to cause some future problem - such as a substandard component of your car's transmission leading to larger transmission failure.

But wait, there's more bad news for California drivers.

Let's say that you are able to withstand your insurer's pressure tactics and demand that your body shop use factory parts. You still may not be protected. Because buried in many policies is a provision where the insurer reserves the right to use either factory or aftermarket parts, whichever is cheaper. This month, a Los Angeles County appeals court upheld an insurer's right to limit payment to a claimant who chose not to use a shop favored by the insurer. It is my guess that most drivers in California spend more time writing premium checks than they do reading their insurance policies. Well, I'm afraid we can't afford that luxury anymore. I urge you to go get your policy, pour yourself a cup of coffee and read it. Make sure that you are entitled to new, manufacturer parts whenever your car is repaired and that you can go to the shop of your choice, without arm-twisting from your insurer. If you can't find the language in the policy, call whoever sold it to you and make them go through it with you.

Finding an auto repair facility that you trust isn't always easy, but there are plenty of skilled and honest mechanics and body shops out there. However, they may soon go out of business if insurance companies get their way, squeezed out by the corner cutters and dealmakers.

There are two ways to stop this from happening: Read your policy to make sure your rights are protected, and tell your state lawmakers to stand up for consumers and reject AB1200.

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