Your Legal Right to Choose Any Body Shop in California
After a car accident in California, your insurance company cannot force you to use one of their "preferred" body shops. Here's the law, in plain English, and what to do if your adjuster pushes back.
The short version
California Insurance Code section 758.5 says an insurer may not require a vehicle to be repaired at a specific automotive repair dealer. You can select a licensed repair shop; coverage, authorization, the deductible, and payment remain subject to the policy, reasonable repair costs, and the claim decision.
What California Insurance Code §758.5 Actually Says
California Insurance Code section 758.5 prohibits an insurer from requiring a specific repair dealer. An insurer may recommend a shop when you request a referral or after giving the required written notice of your right to choose, and it may provide truthful information about repair benefits and services.
Your insurance can:
- Suggest a shop they have a relationship with (a "Direct Repair Program" or DRP shop)
- Recommend a shop if you request a referral or after providing the written notice required by law
- Provide truthful, nondeceptive information about repair warranties, parts, timing, and workmanship
Your insurance cannot:
- Require you to use a specific shop
- Require you to use a particular repair shop
- Recommend a different shop after you have chosen one, except for the truthful information allowed by the statute
- Use false or deceptive information to push you toward a particular shop
- When section 758.5(d) applies, limit reasonable repair costs merely to the amount its chosen shop would have charged
Why Insurers Recommend Network Shops
Insurance carriers may maintain preferred or Direct Repair Program (DRP) networks. The services, pricing arrangements, warranties, parts practices, and claim procedures vary by carrier and shop. Network participation alone does not establish repair quality. Potential benefits can include:
- Established electronic communication with the carrier
- Prearranged administrative or estimating procedures
- Carrier-backed repair-process benefits described to the claimant
- A more standardized claim workflow
A network recommendation may be lawful and useful when the required notice is provided and the information is truthful. The important point is that the customer retains the right to choose, and coverage and reasonable repair costs must be handled under the policy and applicable law. Read the official text of section 758.5.
What "Steering" Actually Looks Like
Examples of statements adjusters sometimes make that may cross into steering:
"We can only guarantee the work at one of our preferred shops."
Ask what specific warranty or claim-process benefit is being described, then compare it with the repair shop's written warranty terms.
"If you go to that shop, your claim will take longer."
Network procedures may reduce some administrative steps, but actual timing depends on damage, parts, authorization, supplements, and shop capacity.
"You'll have to pay the difference if you go elsewhere."
Ask the carrier to identify the policy term, uncovered item, or reasonable-cost dispute in writing. The deductible and authorized non-covered charges may still be the customer's responsibility.
"That shop isn't certified."
Ask which certification is being discussed and verify it with the issuing organization. Licensing, carrier-network participation, manufacturer certification, and training credentials are different things.
What to Say to Your Adjuster
Three sentences is usually all it takes:
"I'd like to use [your shop name] for my repairs. I understand that's my legal right under California Insurance Code §758.5. Please coordinate the claim with them directly."
If questions remain, ask the carrier to explain its position and the relevant policy language in writing.
If You're Being Steered Despite the Law
If your insurance company crosses the line from "suggesting" into "pressuring," document it:
- Write down what was said and when. Date, time, adjuster's name, and the specific words used.
- Ask for it in writing. If they're making claims about coverage differences, ask for the exact policy citation.
- File a complaint with the California Department of Insurance. Online at insurance.ca.gov or by phone at 1-800-927-4357. Steering complaints are taken seriously, and insurers can be fined.
- Confirm the repair plan. The shop can coordinate repair documentation with the carrier after you open the claim and authorize the work.
Drive Auto Body Handles the Conversation For You
After you open the claim, Drive Auto Body can help with repair documentation, adjuster communication, supplements, and direct billing after authorization for your collision repair. Coverage decisions remain with the carrier, and the customer remains responsible for the deductible and authorized non-covered charges. Just had an accident? Start with our Hemet accident checklist.
FAQ — Right to Choose Your Body Shop
Can my insurance company force me to use one of their preferred body shops? expand_more
No. California Insurance Code section 758.5 says an insurer may not require a vehicle to be repaired at a specific automotive repair dealer. An insurer may recommend a shop only under the conditions allowed by the statute, and you remain entitled to select the repair shop.
What is California Insurance Code §758.5? expand_more
California Insurance Code section 758.5 protects a claimant's right to select an automotive repair dealer and limits when and how an insurer may recommend a particular shop. It also addresses reasonable repair costs when the claimant chooses a different shop.
Will my insurance cover the repair if I use a shop they didn't recommend? expand_more
Choosing a different licensed repair shop does not by itself eliminate coverage for covered damage. Payment still depends on the policy, deductible, repair authorization, reasonable repair costs, and the carrier's claim decision. California Insurance Code section 758.5 says an insurer may not require a specific shop.
What if my insurance company says they won't guarantee the work at a non-preferred shop? expand_more
Ask the repair shop for its written warranty terms and ask the carrier to explain any claim-process benefit in writing. Drive Auto Body offers a written lifetime workmanship warranty on qualifying paint and bodywork, subject to the terms provided with the repair.
What does 'steering' mean in insurance? expand_more
Steering generally refers to improperly pressuring or misleading a claimant toward a particular repair shop. California law permits truthful information and recommendations under specified conditions, but it does not allow an insurer to require a specific shop.
How do I tell my insurance I'm using a different shop? expand_more
When you file your claim, simply say: 'I'd like to use Drive Auto Body in Hemet for my repairs.' That's it. The carrier may suggest a preferred shop, but they cannot require it. If they push back, politely cite California Insurance Code §758.5.
What if my insurance still gives me a hard time? expand_more
Keep copies of written communications and ask the carrier to explain its position in writing. For questions or a complaint, contact the California Department of Insurance through insurance.ca.gov or its consumer hotline. The Department decides whether further review or action is appropriate.
Does this apply to all California drivers? expand_more
Section 758.5 defines a claimant to include first-party insureds and third-party claimants seeking automotive repair under an insurance policy. Coverage and payment still depend on the policy, claim facts, and applicable law.
Where can I read California Insurance Code §758.5 myself? expand_more
It's available on the California Legislative Information website at leginfo.legislature.ca.gov. Search for 'Insurance Code 758.5'. The full text is short, plain, and worth reading once if you've been pressured by an adjuster.
Start Your Insurance Repair — Send Photos Now
Tell us your vehicle, claim status, and where you are, and send a few photos of the damage. We'll review the next step, prepare a written estimate, and coordinate the claim with your carrier directly.
Disclaimer: Drive Auto Body is an auto body shop, not a law firm. This page is a plain-language summary of California Insurance Code §758.5 and our experience working with insurance carriers. For binding legal advice, consult a licensed California attorney. The California Department of Insurance is the enforcement authority for steering complaints.