Insured Motorists' Rights in Wisconsin
Information to assist you in handling a claim with your insurance company

Do I have the right to select the shop of my choice to repair my car?
Yes, as the vehicle owner you decide where, when and how that vehicle is repaired.

Must I notify my insurance company?
Yes.  Insurance policies required that you notify the company or your agent as soon as possible after an accident, make a damage report, and tell them where the damaged vehicle may be inspected.

Do I need to get more than one estimate?
No.  Only one damage report is necessary from the repair shop of your choice.  However, the insurance company will usually want to have their own adjuster inspect the damage.  If your insurance company has a drive-in claim service and your vehicle is safe to drive, you should call them for an appointment, take your car there, make sure you receive a copy of the insurance adjuster's estimate, and then take the estimate and your vehicle to the shop of your choice.

If your vehicle is not safe to drive, simply have it towed to the repair shop of your choice.  When you notify your insurance company about the accident, tell them that the vehicle is not drivable and where it can be inspected.

What do I do if the repair shop I choose and my insurance company disagree about how my car should be repaired or what the repairs should cost?
In special circumstances, if the repair shop's estimate differs from the insurance company adjuster's estimate, you can negotiate an agreement with the insurance company under which they will pay les than the full amount of the repair costs and you will assume responsibility for the difference. 

If you and your insurance company can't agree on a fair settlement of your claim, most insurance policies provide for an appraisal process.  When you and your insurance company fail to agree, either party may demand an appraisal of loss within 60 days after the claim has been filed.  Each party may then select a competent appraiser to represent them, and the two appraisers will select a disinterested umpire.  If the two appraisers do not agree, they submit their findings to an umpire.  The umpire's decisions sets the amount the insurance company must pay.

Who is responsible for paying the repair bill?
You are.  The vehicle owner must arrange for payment of the repair bill.  Your insurance states that the insurer will reimburse you for the cost of repairs less any deductibles or depreciation.  You can instruct your insurance company to pay the repair shop directly, but make sure that the payment is in the hands of the repair shop when you pick up your car.

Who is responsible for the quality of repairs?
The shop.  That is why it is important for you to select a repair shop with a properly-trained staff of technicians and the equipment necessary to restore your vehicle to its pre-accident condition.

Who do I contact if there is a problem with the repair job?
First, the manager of the shop.  If your shop cannot solve your problem, you should contact your insurance company's claim manager.  If the problem is still not resolved, you may ultimately want to contact the Wisconsin Department of Agriculture, Trade and Consumer Protection or your local Better Business Bureau.

What can I do if I have a problem with the way my insurance company is processing or settling my claim?
As a citizen, you have the right to contact the Wisconsin Insurance Commissioner's office, the agency charged with regulating and disciplining the insurance industry.  The Commissioner's Office cannot by itself resolve damage, coverage or liability disputes, ut it can obtain written explanations from insurance companies regarding their positions.  Having a written explanation may be useful to you if you have to resort to litigation to resolve a dispute with an insurance company.

How will I know if my insurance company is intending to have replacement (aftermarket) parts used in the repair of my vehicle?
The insurer is required, by law, to notify the insured if "non-original manufacturer replacement parts" (aftermarket) are intended to be used in the repair of the vehicle.  Notice shall be in writing but a verbal statement is allowed if it is followed by a written notice within three days.

Some terms that identify "non-original manufacturer replacement parts" are A/M, aftermarket, quality replacement part, QRP CAPA, PXN (Parts Exchange New), competitive part and economy part.

Aftermarket parts are not manufactured nor warrantied by the manufacturer of your vehicle.

For Insurance-Related Problems:
Insurance Commissioner Office (OCI)
PO Box 7873
Madison, WI 53707
Tel: (608) 266-0103 or (800) 236-8517
Fax: (608) 266-9935

For Auto Repair-Related Problems:
Agriculture, Trade & Consumer Protection (DATCP)
PO Box 8911
Madison, WI 53708
Tel: (608) 224-5012
Fax: (608) 224-5045

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