What's up at Joe's | Services | Who we are | Custom Paint Work | Our location | Frequently Asked Questions | Email Us | (802) 888-5655
Greetings and welcome to our website. On this, our "What's Up" page, we describe new things happening at Joe's, and also post regular "before and after" examples of our high-quality workmanship.We encourage you to browse through all the Joe's CRC web pages. There is a great deal of useful information, which is important when you are making your choice for auto body repair. With "Joe's Note Pad" (below) Joe will regularly post some thoughts about cars, and sometimes just some thoughts!
We invite you to contact us with any automotive collision repair questions and to visit our shop on Golf Course Road, in Morrisville, Vermont.
Sincerely,
Joe and Kristy Alfieri
During the summer months, I want to talk about your rights as a consumer. Let’s say you’re involved in an accident where your car sustains some body damage. We’ve heard that some insurance companies tell (or demand) where their customers are to bring the damaged car to be repaired. This unfortunate practice is known as insurance "steering."
“Insurers are illegally trying to control their cost of repairs by steering consumers to particular shops, while at the same time, trying to distance themselves from any liability associated with negligent repairs.” - Patrick McGuire/Body Shop Business, March 2005
Insurance "steering" involves tactics or "games" used by some insurance companies to pressure a policy holder to have his/her vehicle repaired at a particular body or collision repair shop. And at the same time, the insurer attempts to avoid any liability associated with the quality (or lack thereof) of the repairs performed by the insurer’s preferred shop. Many of these practices are illegal in many states. At the very least, they are unethical.
Has your insurer said this? “We’ll knock $100.00 off your deductible if you go to XYZ Body Shop.” If so, you have been subjected to insurance "steering." More and more consumers are being subjected to steering by their insurance companies as companies look for ways to avoid liability and control (or avoid the responsibility of) their costs of repairs through agreements with their own designated Direct Repair Facilities.
Other ways insurers steer:
1. Telling a policy holder that the processing of his claim will be delayed unless he has the vehicle repaired at one of the insurer’s preferred shops.
2. Writing estimates based on a below market labor rates and then telling the policyholder that, because the insurer has a list of shops in the area that will honor those rates, he’ll be responsible for paying more than the deductible amount stated in the policy unless he has his vehicle repaired at one of the shops on the insurer list.
3. Threatening to not approve or to arbitrarily limit an insurer’s rental coverage unless he has his vehicle repaired at the insurer’s preferred shop
4. Disparaging non-DRP shops by telling consumers that these shops commit fraud or that their work is shoddy. Lible at the very least, an completely unethical.What you can do:
1. Read and understand your insurance policy. In the case of an accident refer to the “Payment of Loss” provision in the declaration. It states three options your insurer hasa: Deem the vehicle a total loss.An Explanation of Different Types of Claims
b. Pay the loss in money so that the policyholder can have the vehicle repaired by an independent contractor;
c. Repair the vehicle itself. (Exercise the “direct repair” option) through a Direct Repair Facility.Here's your situation: your car had been in an accident and you’ve filed the insurance claim. What happens next? Who controls the repair process?
First, you are entitled to a first rate, high quality repair no matter which insurance company is paying. Second, YOU the vehicle owner has the power of choice over who does what, as well as having the final say as to whether or not the repairs are acceptable.
When you are involved in a collision and damage to your vehicle occurs and it needs to be repaired, you have two choices:
1.) File a claim against your own policy (commonly known as “collision coverage” or “complete coverage”.) This is known as a First Party Claim.
2.) You can pursue payment from the at-fault party and/or their insurance carrier- this is known as a Third Party Claim.First Party Claims: A first party claim, where you file a claim against your own “Contract of Insurance” (insurance policy), is governed by the express terms and conditions within the specific contract. Your policy is a Legally Binding Contract. This contract gives you and the insurance company specific rights, and it is important that you understand these rights when you have a claim. In a first party claim it is the terms and conditions of the policy contract which are in force and govern the repair process.
Homeowners and car insurance policies are cash value contracts. Insurers are required to restore your loss to pre-accident condition (to pay for repairs), or pay for a replacement with like, kind, and quality. In the event of a total loss, they are required to pay you for your loss in actual cash value. You have the right to negotiate and challenge their assessment of a claim.
Failure of either you or the insurer to abide by and fulfill their obligations under this contract can constitute “Breach of Contract”.
Third Party Claims: A third party claim is where the other person’s insurance is involved as opposed to your own. Please understand that your claim is actually against the at fault party/person and not their insurance company. As such, the insurance company cannot dictate anything-not the repair shop, not the repair methodology, not how much is paid- NOTHING. This is because there is no contact in force. In third party claims, Tort Law is the controlling law (instead of Contract Law as in the case of first party claims).
The other person’s insurance becomes involved because of the liability portion of their Contract of Insurance. Generally, this part of the “policy” will say something like “The company will pay on behalf of the insured all sums which the insured becomes obligated to pay as damages arising from: a) bodily injury…; b) injury or destruction of property; which are payable under the terms of this policy:. In layman terms, insurance protect the person who purchased the contract. The insurance company is obligated to pay the damages up to the limits of the coverage. If someone causes damage to your property due to negligence, they are personally responsible to the injured party (Tort Law). If they have an insurance contract that covers this loss, the insurer must protect them financially and pay for the damages (Contract Law). In the case of an automobile collision, it may seem as if the claimant is at the mercy of the insurance company. This is not the case. A person cannot be bound by a contract they were not a party to. The only reason the insurance company is involved in the claim is to pay the damages owed by the insured to the claimant. THERE IS NO CONTRACT IN EFFECT BETWEEN THE CLAIMANT AND THE INSURANCE COMPANY. The claimant doesn’t have to settle for aftermarket parts, maybe entitled to a rental vehicle immediately upon suffering the loss, and can CHOOSE ANY SHOP AND REPAIR METHODS THEY DESIRE TO HAVE THE REPAIRS MADE (within reason). The insurance company cannot dictate anything to a claimant. They have no authority- their sole purpose of the insurance company in a third party claim is to pay the bill.
Some insurance representatives will often tell a claimant something different, however. They would have the vehicle owner believe that the insurance company’s decisions are binding. This is not true. Tort Law states that the at-fault party owes the claimant. The at-fault party’s Contract of Insurance provides protection to the at-fault party. The third party claimant has complete control over the repair process, not the negligence party’s insurance company.
You have every legal right to bring your car to the collision repair facility you trust. At Joe’s Collision repair we have nearly thirty years of history as a company and many dozens of years of combined technical experience, and WE guarantee our work. We deal directly with all insurance companies to ensure that you receive the correct and thorough repair required to return your vehicle to it’s pre damaged condition - - a policy that most auto insurance companies clearly state. At Joe’s Collision Repair we have a state of the art facility. From computer aided paint matching to on-site rental cars, Joe’s is the place to bring your damaged vehicle. Stop by and see us at Joes Collision Repair Center. Put your body in our hands!
- Joe
Please note: Nothing presented here should be construed as “legal advice.” We are not attorneys and cannot perform as such. Since insurance law is complicated and varies state to state the information on this page is a generalization of your rights. If you have questions of a legal nature, we recommend that you consult an attorney.
P.S. Visit our "secret page" to see just a few of the steps we take to create custom art and paint!
Repairing collision damaged vehicles correctly requires much more than the latest technology, it requires experience...
the bodyman's art, if you will. Here at Joe's we have a great deal of experience combined with the very latest in technical advancement. We feel that this gives us a great advantage in the integrity and high quality of the work we do.
OUCH!
AHHH.
OUCH!
AHHH.
ROTTO!
PERFETTO!
What's up at Joe's | Services | Who we are | Custom Paint Work | Our location | Frequently Asked Questions | Email Us | (802) 888-5655
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