Your Right to Choose in California
After an accident, your insurance company may steer you toward one of their "preferred" or "recommended" body shops. While they might frame this as a convenience, it's important to know that California law is firmly on your side — you have the absolute right to choose any licensed repair shop you want.
What the Law Says
California Insurance Code Section 758.5 explicitly states that no insurer shall require a claimant to have their vehicle repaired at a specific shop. This means your insurance company can recommend a shop, but they cannot force you to use it, deny your claim for choosing a different shop, or reduce your settlement because you didn't use their preferred facility.
California law is clear: the choice of repair shop belongs to you, not your insurance company. Don't let anyone tell you otherwise.
Why Insurers Push Preferred Shops
Insurance companies establish Direct Repair Programs (DRPs) with certain body shops. These partnerships benefit the insurer because DRP shops agree to lower labor rates, use aftermarket or recycled parts when possible, follow the insurer's repair guidelines, and streamline the claims process. While DRP shops aren't necessarily bad, their financial relationship with your insurer can create a conflict of interest. The shop may be incentivized to cut costs in ways that don't serve your best interests.
How to Exercise Your Right
Step 1: Choose Your Shop
Research body shops in your area. Look for I-CAR Gold Class certification, positive online reviews, experience with your vehicle make, and a clean record with the Bureau of Automotive Repair. Ask friends and family for recommendations — personal referrals are often the most reliable indicator of quality.
Step 2: Inform Your Insurer
Contact your insurance company and clearly state which shop you've chosen. Be polite but firm. If they push back, reference California Insurance Code Section 758.5. Most adjusters will back down once they realize you know your rights.
Step 3: Get the Estimate Approved
Your chosen shop will prepare a repair estimate. The insurer may send their own appraiser to verify the estimate. Differences in estimates are common and usually resolved through negotiation between the shop and the insurer. You should not have to pay the difference.
What If Your Insurer Won't Cooperate?
In rare cases, an insurer may continue to pressure you or delay the process. If this happens, you have several options. Document all communications in writing, file a complaint with the California Department of Insurance, contact an attorney specializing in insurance bad faith, and reach out to the Bureau of Automotive Repair for guidance.
Common Insurer Tactics to Watch For
Some insurers use subtle tactics to discourage you from choosing your own shop. They might say the repair won't be guaranteed unless you use their shop (your chosen shop's warranty is separate from insurance), claim the process will take much longer (minor delays are possible but usually minimal), or suggest they can only pay a certain amount (they must pay reasonable costs regardless of shop choice).
If your insurer is making the process unnecessarily difficult, it may be a sign of bad faith — and California has strong consumer protection laws against that.
Remember, choosing your own body shop is not just your right — it's often the best way to ensure your vehicle receives the highest quality repair. A shop that works for you, rather than for your insurance company, is more likely to prioritize doing the job right.
