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 vehicle?
Yes, as the vehicle
owner you decide where, when and how that vehicle is
repaired.
Must I notify my insurance
company?
Yes. Insurance policies require that you notify the
company or your agent as soon as possible after an
accident.
Do I need to get more than one
estimate?
No.
Only one estimate of damage report is necessary from the repair facility of your
choice. However, the insurance company may want to have their own adjuster
inspect the damage.
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 may
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?
Occasionally, the repair shop's estimate differs from
the insurance adjuster's estimate. You may want to negotiate an agreement with
the insurance company under which they may pay less than the full amount of the
repair costs and you assume responsibility for paying 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 decision 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. Insurance policies state that
the insurer will reimburse you for the cost of repairs less any deductible 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 repair facility. It is important for you to select a
repair shop with properly trained technicians and the equipment necessary to
restore your vehicle to its pre-accident
condition. In the event
that you have questions or concerns regarding your repair, contact the repair
facility first. If you don't receive satisfaction, you may wish to contact your
insurance company's claims manager.
What can I do if I have
a problem with the way my insurance company is processing or settling my
claim?
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, but 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.