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Monday, 08 April 2019 20:43

Body Shop Owner ‘Tired & Sick’ of Lack of Accountability From CA-DOI, Insurers

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Below is a departmental response from the California Department of Insurance:


"The California Department of Insurance (CDI) cannot comment on specific cases; however it takes its regulatory role very seriously.


“Over the past several years the department has adopted significant and strong regulations addressing such issues as aftermarket parts, reasonable repairs, anti-steering and labor rate surveys in order to ensure that insurance consumers (and the repair shops they use) receive a reasonable and fair payment from insurers in order to properly and safely repair their damaged vehicles. We also successfully fought back legislation last year that would have weakened the labor rate survey and anti-steering regulations. While these efforts did not solve every dispute that may arise, they have gone a long way toward leveling the playing field between insurers and collision repair shops.


“Not every dispute between insurers and repair shops can be resolved by CDI--- especially if it involves a difference of opinion on operations or procedures that involve technical judgment, or if the facts are in dispute. More often than not, both of these factors are central in disputes that come to the department. We strive to be impartial, equitable and fair.


“Contrary to Mr. Marshall’s assertion, our records reflect that Mr. Marshall filed significantly less than 100 complaints in the last 10 years. Also, we disagree with Mr. Marshall’s description of the specific case he outlines and CDI’s participation in that case. We also disagree that Mr. Marshall 'had to explain CA-DOI regulations to both the department and insurers.' CDI drafted and adopted these regulations and are fully versed in them.


“Over the years, we have met with Mr. Marshall on several occasions to discuss his cases and the claims laws in general. From our contact with Mr. Marshall, it appears he may disagree with how these regulations should be interpreted or may misunderstand which types of disputes fall with these regulations. While our regulatory authority does not extend to resolve all cases brought to our attention, CDI is able to resolve a significant number of disputes we receive from collision repair shops. We encourage repair shops to continue to contact us with these disputes so we can work to mediate the issues and hold insurers accountable for compliance with insurance claims practices laws."

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