Your right to choose a repair shop after a collision: what insurer networks really mean
Who picks the shop, what an insurer network means and who must back the repair
Safety Behind the Wheel Foundationdrivewithcare.org
Last reviewed:
For survivors and families17 min read
Safety Behind the Wheel Foundation built this guide from the National Association of Insurance Commissioners (NAIC) model claims rule, National Highway Traffic Safety Administration (NHTSA) safety guidance and the consumer pages and claim rules of Texas, California, New York and Washington. Every source is listed at the end.
Why the choice of shop is a safety decision
In 2019, collisions in the United States damaged 23 million vehicles [7]. Fixing them well matters more as cars get more complex. Many newer cars have driver assistance systems. Automatic emergency braking, for example, applies the brakes on its own to help avoid or lessen a frontal crash [8]. When the parts around these systems are damaged or replaced, the systems may need to be checked before you rely on them.
Air bags show what is at stake. NHTSA says a used air bag must be replaced promptly, by an authorized repair center, before anyone drives the car again [9]. The agency has also found counterfeit air bags in some cars that had one replaced. Fake air bags can fail in many ways, from not opening to spraying metal fragments [9].
So the shop question is also about who puts your family’s safety systems back together, and who answers if something is wrong. For judging a shop’s skills, see our guide on how to pick a collision repair shop after a crash. This article covers the rights and business ties around that choice.
Three questions people often mix up
Start by pulling apart three questions. On a busy phone call, they often blur together.
Comparison compiled by Safety Behind the Wheel Foundation
Three separate questions about your repair
| Question | Who usually decides | What to get in writing |
|---|---|---|
| Who picks the shop? | You, in the states reviewed here [1, 2, 3, 4] | The insurer’s note that it will work with your shop |
| Who pays, and how much? | The insurer, based on its estimate and your policy [10] | The estimate, and how any price gap will be handled |
| Who stands behind the work? | The shop, and sometimes the insurer too [2, 5] | The shop’s warranty and any insurer guarantee |
A yes to one question does not answer the others. An insurer can accept your shop and still dispute its price.
What an insurer’s shop network is, and what it is not
Many insurers keep a list of body shops they work with. Texas regulators say some insurers share a list of preferred repair shops [10]. California’s claims rules use the term “Direct Repair Program,” or DRP, for these programs [11].
In plain terms, a network or DRP shop has a business agreement with the insurer. You usually will not see its terms, but you can ask what it changes for your repair.
A network shop can be handy when time and energy are short. If you are offered one, ask: Who approves extra work found after the car is taken apart? Who calls you with updates? Does the insurer add its own guarantee?
Here is what a spot on the list does not mean:
- It is not a state license. Some states register repair shops. California’s bill of rights refers to registered auto body shops, and New York’s rule refers to registered motor vehicle repairers [5, 12]. That status comes from the state, not the insurer.
- It is not proof the shop is trained and equipped for your make and model.
- It is not a rule you must follow [1, 2, 4, 10].
- It does not change whose car it is. You sign the repair agreement. Texas regulators advise reading the shop’s paperwork before you drop off the car [1].
Your right to choose: the national pattern
Auto insurance claims are handled under state rules. The National Association of Insurance Commissioners (NAIC), a group of state insurance regulators, wrote a model rule with minimum claim handling standards [6]. Its auto repair section says [6]:
- An insurer should not make you travel an unreasonable distance to have your car fixed at a specific shop.
- If the claim is settled on the insurer’s written estimate, you should get a copy.
- If your own written estimate is higher, the insurer should pay the difference or promptly name at least one shop that will do the work for its estimate.
- If the insurer chooses to repair the car and picks the shop, it should return the car to its condition before the accident at no added cost to you.
State rules differ in the details, as the examples below show.
When the policy gives the insurer a right to repair
Some policies let the insurer choose to repair the car itself, at a shop it picks. Washington’s rule covers this case. If the policy allows it and the insurer uses that option, its estimate must restore the car with no added cost to you beyond the policy terms [13]. Read the physical damage part of your policy for this kind of clause. If you find one, ask whether the insurer plans to use it.
State examples, as of October 2026
These four states are examples of how the idea is written into rules, not a full survey.
Comparison compiled by Safety Behind the Wheel Foundation
Shop choice rules in four states
| State | Choosing the shop | When the insurer picks or recommends the shop |
|---|---|---|
| California | Insurer cannot require a specific shop [2] | Insurer must stand behind the recommended shop’s repairs [2] |
| New York | You keep the right to choose [3] | Shop must give a written guarantee. Insurer fixes poor work at no added cost [5] |
| Texas | Insurer can offer a list but cannot require it [10] | Not addressed on the agency pages reviewed |
| Washington | Choice is typically yours [4] | Under a policy right to repair, the car must be restored at no added cost beyond the policy [13] |
California
State law says an insurer cannot require that a car be fixed at a specific shop [2]. It may recommend a shop only under conditions set in law. Those conditions tie a recommendation to your request for one, or to written notice that you may pick any shop [2]. If the insurer recommends a shop orally and you accept, it must send that written notice within five calendar days [2].
California’s claims rules also limit steering. After you choose a shop, the insurer may not suggest a different one, except as that law allows [11]. It also may not then require an inspection at one of its program shops or another shop it names [11]. And it may not say a shop has a poor service record based only on whether the shop took part in a labor rate survey [11].
The rules set travel limits, too. In a city or urban area of at least 100,000 people, making you travel more than 15 miles for an inspection, estimate or repair is unreasonable [11]. Elsewhere in the state, the limit is 25 miles [11].
These rules protect “claimants,” which California defines to include people claiming against someone else’s policy [14]. The state’s Auto Body Repair Consumer Bill of Rights lists your right to pick the shop. It also lists your right to an itemized estimate, a detailed invoice and your own estimate from a registered shop [12].
New York
New York’s regulator tells consumers they keep the right, under state law, to choose which shop fixes their car [3]. If you and the insurer cannot agree on a price, the insurer must send you a set “Notice of Rights” letter [5]. If you, or a shop you named as your representative, ask, it must also name a state registered shop, reasonably convenient to you, that will do the repair for the insurer’s estimate [5]. The rule calls this a backup shop.
When you ask the insurer to recommend a shop, two more duties apply. The insurer must pick a shop that gives written guarantees that its work meets generally accepted standards. If that work falls short of the standard for safe and proper repair, the insurer must have the car restored at no added cost to you, within a reasonable time [5]. The insurer must also keep a signed form showing that you asked for the referral [5].
Texas
The Texas insurance department says your company may hand you a list of body shops, yet the decision of where to take the car is yours [1]. Using a shop from that list is not required [10]. Payment is based on the adjuster’s estimate, and you or the shop can ask to raise it if the damage turns out worse [10].
Washington
Washington’s regulator says the choice of shop is typically yours [4]. Its claims rule treats it as unfair when an insurer does not make a good faith effort to stay in touch with the shop you chose [13]. If you ask, and the insurer wrote the estimate, it must list shops within a reasonable distance that will do the work for that amount [13]. An updated version of the rule, effective October 18, 2026, adds more detailed inspection standards [13].
What steering can look like, and how to respond
Steering means pressure to use a certain shop. It is different from a suggestion you are free to turn down. Listen for phrases like these:
- “You have to use one of our shops.” That does not match how regulators in the states reviewed here describe your rights [1, 2, 3, 4].
- “We can’t guarantee the work if you go there.” That may be true of the insurer’s own guarantee. It does not let the insurer refuse a fair price. In California, the insurer must pay reasonable repair costs at your shop and cannot cut them to match its own shop’s prices [2].
- “It will take much longer at your shop” or “That shop has a bad record with us.” Ask what the claim is based on, and ask for it in writing.
If you feel pushed, stay calm and keep everything in writing:
- Restate your choice in an email or letter. Include the shop’s name, its address and your claim number.
- Ask the insurer to confirm, in writing, when and where it will inspect the car.
- Ask for a copy of the insurer’s estimate as soon as it is ready [6].
- If the insurer will not pay your shop’s full price, ask for its reasons and its proposal in writing.
- Keep a log of every call, with the date, the person’s name and what was said.
- If you still feel steered, contact your state insurance department. California’s consumer line is 800-927-4357 [2].
Who stands behind the repair
The answer depends on how the shop was chosen.
Comparison compiled by Safety Behind the Wheel Foundation
Who backs the repair, by how the shop was chosen
| How the shop was chosen | Who backs the work | What to keep |
|---|---|---|
| You chose it on your own | The shop, through its written warranty | Warranty, final invoice, repair records |
| Insurer recommended it | The shop, and in some states the insurer [2, 5] | Warranty, any insurer guarantee, referral papers |
| Insurer used a policy right to repair | The insurer must restore the car [6, 13] | The insurer’s written notice and estimate |
A shop’s warranty is a promise from the shop. It covers what the shop says, for as long as it says. An insurer’s guarantee is a separate promise, and some states write it into law. California requires the insurer to stand behind a recommended shop’s work if the car is not fixed properly [2]. New York sets up a similar backstop [5]. The NAIC model adds that when an insurer names only one or two shops that will work for its price, it should make sure the work is done properly [6].
Get every promise in writing. If a problem shows up later, see what to do when trouble shows up after a collision repair.
When your shop’s price is higher than the insurer’s estimate
Choosing your own shop does not settle how much the insurer will pay. Under the NAIC model, the insurer has two main paths when your written estimate is higher. It can pay the difference, or it can name at least one shop that will do the job for its estimate [6]. California, New York and Washington have their own versions, described above [5, 11, 13].
If the insurer names a shop that will work for its price, you still have a choice. Ask the insurer in writing who pays any amount above its estimate if you stay with your shop. Ask your shop the same question. Get both answers before you approve work.
If the two sides cannot agree, our guide on what to do when your repair shop and insurer don’t agree covers next steps.
Making the choice with the facts in hand
Whatever shop you pick, ask how it handles air bags. NHTSA advises using authorized dealers and repair shops and making sure replacement inflators are genuine [9]. Safety Behind the Wheel Foundation gives drivers the same advice. Faulty aftermarket replacement inflators have killed at least three people and badly injured two others [9].
Also ask how the shop checks driver assistance sensors. Our article on why cameras and sensors need checks after crash repairs explains what to ask.
Frequently asked questions
Can my insurer refuse to pay because I did not use its shop?
In the states reviewed here, regulators say the choice of shop is yours [1, 2, 3, 4]. The insurer can still dispute your shop’s price. In California, it must pay reasonable costs at the shop you choose and cannot discount them to match its own shop’s charges [2]. Elsewhere, ask the insurer to explain in writing how it will handle any gap. If the answer seems to punish your choice, contact your state insurance department.
Is a network shop better or worse than an independent shop?
Neither label tells you much by itself. What matters most is whether the shop has the training, tools and repair information for your vehicle, and what it promises in writing. Ask both kinds of shops the same questions.
Does the other driver’s insurer get to pick the shop?
If the other driver caused the collision, you may claim against that driver’s insurer, and it may suggest a shop. California’s shop choice protections apply to “claimants,” a word that covers people claiming against another driver’s policy [14]. In other states, ask the insurer in writing whether it will pay a shop you choose. If the answer is unclear, ask your state insurance department.
What if the insurer’s guarantee only covers its own shops?
That is worth weighing, but it is not the only protection. A shop you pick can give you its own written warranty. In California and New York, the law also makes the insurer back a shop it recommends [2, 5]. Compare the written terms of each promise, including how long it lasts and what it covers.
Will using my own shop slow down my claim?
It may add a step. In New York, the insurer has six business days after notice of a claim to inspect a car that is available [5]. Washington’s rule expects insurers to keep in good faith contact with the shop you chose [13]. Ask your insurer for its timeline in writing, and share it with your shop.
The bottom line
Recommendation from Safety Behind the Wheel Foundation
Safety Behind the Wheel Foundation encourages drivers to choose a repair shop on its skills and written promises, not on pressure from any insurer. You can accept a suggested shop or turn it down. Either way, you are making three choices: who fixes the car, how the bill gets paid and who stands behind the work. A network shop can make a hard week easier. It is still your car, your safety and your decision.
Get each answer in writing before work starts. If you feel pushed, restate your choice in writing and call your state insurance department.
Related articles
Sources and further reading
- 1Texas Department of Insurance. Were you in a wreck? Tips for auto insurance claims. Updated September 24, 2025. tdi.texas.gov/tips/what-to-do-after-a-wreck.html
- 2California Department of Insurance. So You’ve Had an Accident, What’s Next? Revised December 2024. insurance.ca.gov/…/hadaccident.cfm
- 3New York State Department of Financial Services. Auto Insurance Information for Consumers. No date shown; accessed October 2026. dfs.ny.gov/…/Auto_resource_center
- 4Washington State Office of the Insurance Commissioner. Filing an auto insurance claim. No date shown; accessed October 2026. insurance.wa.gov/…/filing-auto-insurance-claim
- 5New York Codes, Rules and Regulations, via Cornell Law School Legal Information Institute. 11 NYCRR 216.7: Standards for prompt, fair and equitable settlement of motor vehicle physical damage claims. Amended effective June 9, 2021. law.cornell.edu/…/11-NYCRR-216.7
- 6National Association of Insurance Commissioners (NAIC). Unfair Property/Casualty Claims Settlement Practices Model Regulation (Model 902). Last revised July 1997. content.naic.org/…/model-law-902.pdf
- 7National Highway Traffic Safety Administration (NHTSA). Traffic Crashes Cost America $340 Billion in 2019. Published January 10, 2023. Data year: 2019. nhtsa.gov/…/traffic-crashes-cost-america-billions-…
- 8National Highway Traffic Safety Administration (NHTSA). Driver Assistance Technologies. No date shown; accessed October 2026. nhtsa.gov/…/driver-assistance-technologies
- 9National Highway Traffic Safety Administration (NHTSA). Air Bags. No date shown; accessed October 2026. nhtsa.gov/vehicle-safety/air-bags
- 10Texas Department of Insurance. Auto insurance guide. Updated December 11, 2025. tdi.texas.gov/pubs/consumer/cb020.html
- 11California Code of Regulations, via Cornell Law School Legal Information Institute. 10 CCR 2695.8: Additional Standards Applicable to Automobile Insurance. Last amended July 14, 2021 (Register 2021, No. 29). law.cornell.edu/…/10-CCR-2695.8
- 12California Department of Insurance. Auto Body Repair Consumer Bill of Rights. No date shown; accessed October 2026. insurance.ca.gov/…/AutoRepairConsumerBillofRights_Final-3…
- 13Washington State Legislature. WAC 284-30-390: Acts or practices considered unfair in the settlement of motor vehicle claims. Current version, plus amended version effective October 18, 2026. app.leg.wa.gov/wac/default.aspx?cite=284-30-390
- 14California Code of Regulations, via Cornell Law School Legal Information Institute. 10 CCR 2695.2: Definitions. Accessed October 2026. law.cornell.edu/…/10-CCR-2695.2
This article reflects the safety priorities of safe, complete collision repairs and fair claim handling. It is general education, not legal, insurance or financial advice. Laws and claim rules vary by state and change over time, so verify details with official sources. For your own claim, read your policy and talk with your insurer. For questions about your rights, contact your state insurance department or a licensed attorney in your state. Reviewed October 2026.
Cite this article: Safety Behind the Wheel Foundation. “Your right to choose a repair shop after a collision: what insurer networks really mean.” drivewithcare.org, https://drivewithcare.org/right-to-choose-repair-shop-insurer-networks/. Reviewed October 2026.
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