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Know Your Rights

Hillview Auto Body FAQ: Know Your Rights After an Accident

Do I have to use the auto body shop recommended by my insurance company?

R.I.G.L. §27-29-4(15) Rhode Island Law deems it an Unfair Claims Practice for an insurance company to “require that repairs be made to an automobile at a specified auto body repair shop, or to interfere with the insured’s or claimant’s free choice of repair facility.” You have the legal right to choose your repair facility. Once you tell the insurance company of your choice, they may not discuss your choice or attempt to change your mind.

Can I choose Hillview Auto Body even if my insurance company gives me a referral shop?

R.I.G.L. §27-10.2-2(b) “No insurance company may require the use of aftermarket parts when negotiating repairs with any repairer unless the repairer has written consent from the owner to install aftermarket parts.” An insurance company may not require aftermarket parts if your vehicle is less than 30 months old (from date of manufacture). You are entitled to Original Equipment Manufacturer (OEM) parts. Ex. If you have a Honda, your vehicle will be repaired with Honda parts.

Can I request OEM parts for my vehicle repair?

Yes. OEM parts, or Original Equipment Manufacturer parts, are made by the vehicle manufacturer. Rhode Island law states that an insurance company may not require the use of aftermarket parts during repairs unless the vehicle owner gives written consent to the repairer. For vehicles less than 30 months old from the date of manufacture, the owner may be entitled to OEM parts.

What are aftermarket parts?

Aftermarket parts are replacement parts made by a company other than the original vehicle manufacturer. In some repairs, aftermarket parts may be discussed during the estimate process. Hillview Auto Body can help explain the difference between OEM parts, aftermarket parts, and what may be recommended for your specific repair.

Will my insurance company pay for a rental car while my vehicle is being repaired?

R.I.G.L. §27-29-4(18) No insurance company shall interfere with consumer’s freedom to choose a rental agency. No insurance company may require an insured to pay a rental company when the insured has signed a direction to pay. If the accident is not your fault and the other party’s insurance company has accepted responsibility, you are entitled to a vehicle comparable to your own while your vehicle is undergoing repairs. Ex. If you have an SUV you are entitled to an SUV. However, if you have a Range Rover, the insurance company can provide you With an Explorer or equal SUV; they are not required to provide an identical vehicle.

If the accident was not my fault, do I have to use my own insurance?

DBR Regulation 73 §6D: “Where liability and damages are reasonably clear, the Insurer shall not recommend that a Third Party Claimant make a claim under his or her own Policy.” If the accident is not your fault the other party’s insurance company cannot tell you to use your own coverage.

What happens if my vehicle is declared a total loss?

DBR Regulation 73 §7A(2) “ insurers shall use as guide, the average retail values indicated by the NADA official Used Car Guide, or some service substantially similar.” You are entitled to the actual retail value of your vehicle.

You are entitled to a tax credit letter if the insurance company does not pay 7% Rhode Island tax in the settlement. You are also entitled to a $25 DMV Registration fee.

Can Hillview Auto Body help me understand my collision repair estimate?

Yes. Collision repair estimates can be confusing, especially when they involve parts, labor, paint materials, structural repair, refinishing, scanning, calibration, or supplemental damage found after teardown. Hillview Auto Body can review the repair details with you and explain what is involved in restoring your vehicle.

What if more damage is found after repairs begin?

It is common for additional damage to be discovered once the vehicle is disassembled. This is often called a supplement. Hillview Auto Body can document the additional damage and work through the proper supplement process with the insurance company when necessary.

Why should I choose Hillview Auto Body after a collision?

Hillview Auto Body focuses on proper collision repair, clear communication, and helping customers understand their rights during the claims process. The goal is to repair the vehicle correctly, explain the process clearly, and make sure customers feel informed from estimate to completion.