KEY TAKEAWAYS
- California Insurance Code 758.5 and 10 CCR 2695.8 bar insurers from requiring a particular shop.
- Insurers may recommend network shops. You're free to say no.
- You're entitled to a copy of the insurer's estimate and to be told your towing, storage and rental coverage.
- If your shop's estimate is higher, the insurer must pay it, find a shop at its price, or explain an adjustment.
- Choose the shop before the tow to avoid storage fees and a second tow.
Yes. In California you can choose your own body shop, even when the insurance company is paying. Your insurer can recommend a shop, but it can't require you to use one, and once you've picked a shop it generally can't push you to move the car somewhere else.
We hear this question from Fremont drivers almost every week, usually right after an adjuster has told them where to take the car. Here's what the rules actually say, why insurers have preferred shops, and how to use your choice without slowing down the claim. This is general information, not legal advice. For your specific policy, ask your insurer or an attorney.
What California law says about choosing a body shop
Three sources cover this, and they point the same way.
- California Insurance Code section 758.5 says an insurer can't require a claimant to have repairs done at a particular shop. You can read it on the California Legislative Information site.
- The Fair Claims Settlement Practices Regulations (10 CCR 2695.8) say an insurer can't require you to use a specific shop, and can't suggest moving your car to another shop after you've chosen one, except as the Insurance Code allows. The full regulation also covers estimates, parts and towing.
- The Auto Body Repair Consumer Bill of Rights, published by the California Department of Insurance, lists your right to select the shop first.
Why insurers suggest their own shops
Most large insurers run direct repair programs, often called DRPs. Shops in the network agree to the insurer's pricing, processes and paperwork, and in exchange the insurer sends them customers.
That isn't a scam. For a simple repair, a network shop can be convenient. But you should know the arrangement exists, because the shop in that case has two customers to keep happy: you and the insurance company. Some drivers are fine with that. Others would rather have a shop that answers only to them.
When an adjuster says "we'll send you to our shop," the helpful follow-up is: "Thanks. I already have a shop. Can you work with them?" The answer should be yes.
What your insurer can and can't do
| Your insurer can | Your insurer can't |
|---|---|
| Recommend a shop, especially if you ask for one | Require you to use a particular shop |
| Inspect the car and write its own estimate | Push you to move the car after you've chosen a shop, except as the Insurance Code allows |
| Negotiate the cost of repairs with your shop | Refuse to give you a copy of its estimate |
| Specify some parts, with written disclosure and a warranty for non-OEM parts | Leave you with a repair that doesn't meet accepted trade standards without addressing it |
If your shop's estimate is higher than the insurer's, the regulations give the insurer three paths: pay the difference, find a shop that will do the repair for the insurer's estimate, or reasonably adjust its estimate with an itemized explanation. Our article on how auto body estimates work in California explains supplements and parts types.
What to say to your adjuster
You don't need a script, but these lines keep things moving:
- "I've chosen Fremont Elite Autoworks at 41589 Albrae Street." Give the shop name and phone, (510) 634-3433.
- "Please send your estimate to the shop, and a copy to me." You're entitled to a copy.
- "What does my policy cover for towing, storage and a rental?" The consumer bill of rights says you should be told.
- "Please approve supplements promptly when the shop finds hidden damage." Speed here is what gets you your car back sooner.
Then let the shop work the claim. We send photos, estimates and supplements directly to the adjuster, so you aren't passing messages back and forth.
How to choose a body shop in Fremont
Fremont has dealership body shops, national chains and independent shops. If you're choosing for the first time, check these things:
- Registration with the Bureau of Automotive Repair. California auto body shops must be registered. Ask for the number or look it up.
- A written, itemized estimate. California requires one before work begins.
- Experience with your vehicle. EVs, European cars and anything with driver-assistance cameras need specific procedures. See our guides to Tesla collision repair and BMW, Mercedes-Benz and Porsche repairs.
- Calibration after the repair. Ask if the shop will scan the car and calibrate ADAS sensors.
- A written warranty. Get the terms in writing. Our workmanship is backed by a lifetime guarantee.
- How they communicate. You should get updates without having to chase them.
Choosing your shop when the car can't be driven
This is when people most often lose the choice without realizing it. The car goes wherever the tow truck takes it, sometimes to a storage yard, and moving it later costs time and money.
If you can, call the shop before the tow. We provide towing after an accident and can arrange to bring the car straight to Albrae Street. If the car is already at a yard, we can help you get it released and moved. Our towing after an accident guide covers storage fees and what your insurer should pay.
When a network shop still makes sense
Choosing your own shop isn't always the only good answer. If the repair is small, the network shop is close by, and you're comfortable with it, going that route can be simple. The point is that it's your call, made with full information, not a decision made for you on the first phone call. If you start with a network shop and aren't happy with how things are going, you can ask your insurer about your options before repairs begin.
For the full picture of what happens after a crash, start with our complete guide to a car accident in Fremont.
Using your right to choose in Fremont
- California law lets you choose the body shop, even on an insurance claim.
- Tell your adjuster which shop you've chosen, and ask for their estimate and your coverage details.
- Pick the shop before the tow if you can.
Call (510) 634-3433 or request a free estimate. We work with all major insurance companies and handle the adjuster for you.
Frequently asked questions
Can I choose my own body shop in California if insurance is paying?
Yes. California law bars insurers from requiring you to use a particular repair shop. You can take the car to any registered auto body shop you trust.
Can my insurance company deny my claim if I don't use their shop?
Choosing your own shop isn't a reason to deny a covered claim in California. The insurer may still inspect the damage and negotiate the repair cost with your shop.
What is a direct repair program?
It's a network of body shops that agree to an insurer's pricing and processes in exchange for referrals. Using one is optional.
What if my shop's estimate is higher than the insurer's?
Under 10 CCR 2695.8, the insurer must pay the difference, locate a shop that will repair it for its estimate, or reasonably adjust its estimate with an itemized explanation.
Can I switch body shops after the insurer picks one?
Usually yes, especially before repairs start. Tell your adjuster which shop you've chosen and have the car moved. Ask about any storage or tow charges first.
Sources
- California Legislative Information. Insurance Code section 758.5.
- California Code of Regulations. 10 CCR 2695.8, Additional Standards Applicable to Automobile Insurance.
- California Department of Insurance. Auto Body Repair Consumer Bill of Rights.
Owner-run auto body and collision shop at 41589 Albrae Street, Fremont, open since May 2023. Articles are reviewed by owner Jaz, who spent three and a half years at a dealership with its own body shop before opening the shop. Read our story. Related service: Collision Repair Experts.
Keep reading
THE FREMONT COLLISION GUIDEWhat to Do After a Car Accident in Fremont: The Complete Repair GuideEvery step from the crash scene to getting your keys back, written by the shop that handles Fremont claims every week.
ESTIMATES & PRICINGHow Auto Body Estimates Work in California, Line by LineWhat every line on a collision estimate means, why supplements happen, and the rules that protect you.
TOWING & STORAGETowing After an Accident in Fremont: Tow Yards, Storage Fees and Getting Your Car BackWhere your car should go after a crash, how to stop storage fees, and what your insurer is required to pay.