§ 1874.87. — 1874.87. (Amended by Stats. 2009, Ch. 141, Sec. 1.)

(a)
Each insurer subject to this article shall provide each insured with an Auto Body Repair Consumer Bill of Rights either at the time of application for an automobile insurance policy or following an accident that is reported to the insurer. If the insurer provides the insured with an electronic copy of a policy, the bill of rights may also be transmitted electronically.
(b)
The bill of rights shall be a standardized form developed by the department with the purpose of presenting easy-to-read facts for auto insurance consumers. The content of the bill of rights shall be determined by the department, and at a minimum, shall contain information about all of the following:
(1)
A consumer’s right to select an auto body repair shop for auto body damage covered by the
insurance policy and that an insurer may not require this work to be done at a particular auto body repair shop.
(2)
The consumer’s right to be informed about auto body repairs made with new original equipment crash parts, new aftermarket crash parts, and used crash parts.
(3)
The consumer’s right to be informed about coverage for towing services, and for a replacement rental vehicle while a damaged vehicle is being repaired.
(4)
Toll-free telephone numbers and Internet addresses for reporting suspected fraud or other complaints and concerns about auto body repair shops to the Bureau of Automotive Repair.
(5)
A consumer’s right to seek and obtain an independent repair estimate directly from a registered auto
body repair shop for repair of a damaged vehicle, even when pursuing an insurance claim for repair of that vehicle.
(c)
The department shall consult with the Bureau of Automotive Repair in determining the information to be contained in the bill of rights.

Legislative History

Amended by Stats. 2009, Ch. 141, Sec. 1. (AB 1179) Effective January 1, 2010.