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Is your insurance company denying you freedom of choice?
According to Minnesota law your insurance company must allow you to choose where you want to take your vehicle for auto glass replacement or repair. If your insurance company pressures you to use a particular vendor they are violating Minnesota law. This includes any threats that you will be made to pay any difference between what your vendor of choice charges and what your insurance company is willing to pay. Other than deductibles, Jay's Auto Glass Clinic will never charge you, the customer, for services that are the responsibility of the insurance company to pay.
If you feel your insurance company has attempted to steer you toward using an auto glass company that you did not intend to, or preferred not to use, please take a few minutes to fill out our Steering Report Form. The Minnesota Commerce Department insurance division has requested that we collect these and forward to them. Your example may help in the elimination of this illegal practice. The forwarding of these forms will not involve you in litigation, but will help the Dep't of Commerce identify abusive claims practices and correct them. Thanks for your help!
For more detailed information on your rights, read the relevant section of the Minnesota Statute below:
72A.201, Minnesota Statutes 2006
Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota.
72A.201 REGULATION OF CLAIMS PRACTICES.
Subd. 6. Standards for automobile insurance claims handling, settlement offers, and
agreements. ...the following acts by an insurer, adjuster, or a self-insured or self-insurance administrator constitute unfair settlement practices:
[starting with section 7]
(7) ...At the time a claim is reported, the insurer must
provide the following advisory to the insured or claimant:
"You have the legal right to choose a repair shop to fix your vehicle. Your policy will cover
the reasonable costs of repairing your vehicle to its pre-accident condition no matter where you
have repairs made. Have you selected a repair shop or would you like a referral?"
After an insured has indicated that the insured has selected a repair shop, the insurer must
cease all efforts to influence the insured's or claimant's choice of repair shop;
[continuing with section 14]
(14) if an automobile policy provides for the adjustment or settlement of an automobile loss
due to damaged window glass, failing to provide payment to the insured's chosen vendor based on
a competitive price that is fair and reasonable within the local industry at large.
Where facts establish that a different rate in a specific geographic area actually served by the
vendor is required by that market, that geographic area must be considered. This clause does not
prohibit an insurer from recommending a vendor to the insured or from agreeing with a vendor to
perform work at an agreed-upon price, provided, however, that before recommending a vendor,
the insurer shall offer its insured the opportunity to choose the vendor. If the insurer recommends
a vendor, the insurer must also provide the following advisory:
“Minnesota law gives you the right to go to any glass vendor you choose, and prohibits
me from pressuring you to choose a particular vendor.”;
(15) requiring that the repair or replacement of motor vehicle glass and related products and
services be made in a particular place or shop or by a particular entity, or by otherwise limiting the
ability of the insured to select the place, shop, or entity to repair or replace the motor vehicle glass
and related products and services; or
(16) engaging in any act or practice of intimidation, coercion, threat, incentive, or inducement
for or against an insured to use a particular company or location to provide the motor vehicle
glass repair or replacement services or products. For purposes of this section, a warranty shall
not be considered an inducement or incentive.
Subd. 7. Standards for releases. The following acts by an insurer, adjuster, or self-insured
or self-insurance administrator constitute unfair settlement practices:
(1) requesting or requiring an insured or a claimant to sign a release that extends beyond the
subject matter that gave rise to the claim payment;
(2) issuing a check or draft in payment of a claim that contains any language or provision
that implies or states that acceptance of the check or draft constitutes a final settlement or release
of any or all future obligations arising out of the loss.
Subd. 8. Standards for claim denial. The following acts by an insurer, adjuster, or
self-insured, or self-insurance administrator constitute unfair settlement practices:
(1) denying a claim or any element of a claim on the grounds of a specific policy provision,
condition, or exclusion, without informing the insured of the policy provision, condition, or
exclusion on which the denial is based;
(2) denying a claim without having made a reasonable investigation of the claim;
(3) denying a liability claim because the insured has requested that the claim be denied;
(4) denying a liability claim because the insured has failed or refused to report the claim,
unless an independent evaluation of available information indicates there is no liability;
Click on liink below to see complete document:
72A.201, Minnesota Statutes 2006
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