Guide · 3 min read · Updated
Your right to choose a body shop in California
After a collision, many drivers assume their car has to go wherever the insurance company says. In California, that isn't true — and knowing it changes how the whole claim goes.
What the law says
California Insurance Code section 758.5 prohibits an insurer from requiring that your vehicle be repaired at a specific repair shop. An insurer may recommend a shop — usually one in its direct repair program — but it can't make using that shop a condition of your claim.
The California Department of Insurance's Fair Claims Settlement Practices Regulations add standards for how auto claims are handled, including how estimates are written and paid.
What a direct repair program is
Many insurers have agreements with networks of body shops, called direct repair programs (DRPs). DRP shops agree to the insurer's pricing, processes and paperwork, and receive referrals in return.
Some DRP shops do excellent work, and some insurers offer perks for using their network, such as a repair guarantee or faster handling. Weigh those — but remember they are offers, not requirements. What matters is that the shop working on your car is working for you.
How to use your right on a claim
- Tell your insurer where your car will be repaired. Doing it in writing, even by email, gives you a record.
- Give the shop your claim number and your adjuster's contact information.
- Let the shop and the adjuster agree on the estimate, including any hidden damage found during teardown.
- Keep copies of estimates, supplements, photos and the final invoice.
What your repair paperwork must show
Under California's Automotive Repair Act, a shop must give you a written estimate and get your authorization before doing work or charging more than the estimate (Business and Professions Code § 9884.9). Your final invoice must list the parts used and say whether crash parts are original equipment manufacturer (OEM) or aftermarket, and whether parts are new, used or rebuilt (§ 9884.8).
Auto repair businesses in California must be registered with the Bureau of Automotive Repair (BAR), and you can look up any shop's registration on the BAR website. Read more in OEM vs. aftermarket parts.
If your insurer pushes back
- Ask the adjuster to explain in writing how their estimate was calculated.
- Let your shop respond with photos, measurements and repair procedures.
- If you believe your claim is being handled unfairly, you can contact the California Department of Insurance.
This guide is general information, not legal advice. For questions about a specific claim or injury, talk to your insurer or an attorney.