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.
1. 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: insurance companies are not allowed to: “requir[e] 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 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.”
2. 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.”
3. You have the right to have your vehicle repaired with OEM parts.
If you agree, you may choose aftermarket parts for your collision repair. However, this must be your choice; the insurer is not allowed for force you to use aftermarket parts. Note that window glass is excluded from this law: the insurance company may require that non-OEM glass be used.
Statute 72a.201: insurance companies are not allowed to: “requir[e] as a condition of payment of a claim that … that parts, other than window glass, must be replaced with parts other than original equipment parts.”
4. 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: insurance companies must “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.”
5. 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: insurance companies are not allowed to: “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!
*We are not lawyers. This page is not legal advice. Consult a lawyer for legal advice. Consult statute 72a.201 for the full text. We are not responsible for any action you take or do not take based on information on this page.