You do not have to accept the insurance company's estimate, but they
do not have to use the estimate you provide. However, they either
have to provide you with the name of a place that will repair your
vehicle pursuant to their estimate, pay you the difference, or
readjust the estimate you provide.
Here is the applicable regulations for California regarding your
situation effective October 4, 2004:
"(f) If partial losses are settled on the basis of a written estimate
prepared by or for the insurer, the insurer shall supply the claimant
with a copy of the estimate upon which the settlement is based. The
estimate prepared by or for the insurer shall be of an amount which
will allow for repairs to be made in a workmanlike manner. If the
claimant subsequently contends, based upon a written estimate which he
or she obtains, that necessary repairs will exceed the written
estimate prepared by or for the insurer, the insurer shall:
(1) pay the difference between the written estimate and a higher
estimate obtained by the claimant; or,
(2) if requested by the claimant, promptly provide the claimant with
the name of at least one repair shop that will make the repairs for
the amount of the insurer's written estimate. The insurer shall cause
the damaged vehicle to be restored to its condition prior to the loss
at no additional cost to the claimant other than as stated in the
policy or is otherwise allowed by these regulations. The insurer
shall maintain documentation of all such communications; or,
(3) reasonably adjust any written estimates prepared by the repair
shop of the claimant's choice and provide a copy of the adjusted
estimate to the claimant."
"Fair Claims Settlement Practices Regulations" California Department
of Insurance (October 4, 2004)
http://www.insurance.ca.gov/LGL/Regulations/Fair-Claims-Amendments.pdf
Sincerely,
Wonko |