You and the Shop
The shop works for you, not the insurer. It answers to you on parts, procedures, and the quality of the finished repair.
Quick Answer
Can I Choose My Own Body Shop?
In most cases, yes. At least 26 states have a law or insurance regulation that says your insurer can’t require a particular shop, and several make the insurer tell you so. Your insurer can usually still recommend a shop from its direct repair program, but you don’t have to use it.
One catch: choosing your own shop doesn’t mean the insurer pays whatever the shop bills. It pays what it considers a fair price for the repair, so settle any difference before work starts. See the rule in your state.
How It Works
Three Relationships Shape Every Repair
After an accident, three separate relationships decide how your vehicle gets evaluated and who covers the bill. In all of them, you’re the most important person in the room. The shop you choose is repairing your car, for you.
You and the Insurance Company
Whether it’s your policy or the other driver’s, the insurer’s job is to put you back where you were before the accident, through payment, repair, or both.
The Shop and the Insurer
They negotiate the cost of repair with each other, but nothing in that conversation takes away your right to decide where and how your car is repaired.
What’s at Stake
Why the Shop You Pick Matters
When you know who answers to whom, no one can rush you into a shop you didn’t pick. Four things ride on getting it right.
Your Safety
Crash protection depends on the repair matching the vehicle maker’s specifications, not coming close to them.
Your Airbags and Sensors
Airbags, sensors, and driver-assist features may require diagnostics, initialization, or calibration when affected by the collision or repair. Learn what determines calibration.
Your Vehicle’s Value
Part choices and repair quality follow the car into every appraisal, trade-in, and resale conversation.
Your Experience
A shop that explains the estimate and stands behind the work makes a stressful few weeks far easier.
Who’s Paying
Insured or Claimant? It Changes Your Leverage
The first thing to sort out after an accident is who is paying is paying, because it changes what you owe and what you can ask for.
You’re the Insured
Your own insurance covers the repair. That’s the case when you caused the accident, hit an object, or used your collision coverage regardless of fault.
What to know
- Your insurer may suggest you use one of its preferred shops
- Your policy may limit which part types it covers
- A deductible usually applies
- You still choose the shop. That right stays with you
You’re the Claimant
Someone else’s insurance covers the repair, like when you were rear-ended or the other driver was found at fault.
What to know
- You typically owe no deductible
- You have full freedom to pick your shop
- The other driver’s policy restrictions don’t bind you
- You can request OEM parts when reasonable and necessary
Claimants usually have more leverage than insureds. Most drivers never find that out.
Your Rights
The Choice of Shop Is Yours
You Choose the Shop
In most states you pick the shop, and you can always ask about the parts going on your car. An insurer can recommend a shop, and the recommendation might even be a good one, but the decision is yours.
A Preferred Shop Is a Suggestion
Preferred networks exist for the insurer’s convenience and cost control, and many states bar insurers from requiring them. Before accepting one, look at the shop’s training, equipment, part policies, and reviews the way you’d vet any other business.
You Can See the Parts List
Ask what part types are on your estimate before repairs begin. Many states require shops to disclose them in writing, and a good one will walk you through every line.
By State
States That Say Your Insurer Can’t Pick Your Shop
These 26 states have a statute or insurance regulation on it that we checked against the official text. If your state isn’t listed, that doesn’t mean your insurer can make you use its shop. It means we didn’t find a specific rule, so read your policy and ask your state’s insurance department.
State
What the rule says
Source
Arkansas
Your insurer can't make using a specific repair shop a condition of paying the claim.
Ark. Code Ann. § 23-66-206(13)(O)
California
Your insurer can't require a shop. It can suggest one only if you ask, or after telling you in writing that you can choose.
Cal. Ins. Code § 758.5; 10 CCR § 2695.8
Colorado
Your insurer can't require or block a shop, and has to tell you that you can pick any repair business. It pays the prevailing competitive price.
C.R.S. § 10-4-120
Connecticut
Insurers and appraisers can't require a shop, and estimates have to tell you that you have the right to choose a licensed repair shop.
Conn. Gen. Stat. § 38a-354
Georgia
Your insurer can't require a particular shop when you can get the work done elsewhere at the same cost.
O.C.G.A. § 33-34-6
Louisiana
Your insurer can't require a particular shop. If it recommends one, it has to tell you you're not obligated to use it.
La. R.S. 22:1892(D)
Maine
Your insurer can't require or block a shop for collision repair, and has to tell you a recommended shop is optional.
24-A M.R.S. § 2164-C
Maryland
Adjusters and appraisers can't require a specific shop. If they recommend one, they have to say you don't have to use it.
Md. Code, Ins. § 10-503
Massachusetts
Your insurer can't require a specific shop. It can point out referral shops, but the choice is yours.
211 CMR 123.06
Michigan
Your insurer can't unreasonably restrict your choice of shop, and has to tell you you're not obligated to use a shop it has an agreement with.
MCL § 500.2110b
Minnesota
Your insurer can't require a shop, and has to tell you when you report the claim that you have the right to choose.
Minn. Stat. § 72A.201, subd. 6(7)
Mississippi
Your insurer can't require a particular shop. It only owes the lowest fair price for the repair in your area.
Miss. Code Ann. § 83-11-501
Montana
Your insurer can't require a particular body shop for the estimate or the repair. It pays the reasonable and necessary cost.
Mont. Code Ann. § 33-18-224
Nebraska
Your insurer can't require a particular shop, though it may limit payment to the lowest estimate.
Neb. Rev. Stat. § 44-1540(16)
New Hampshire
Your insurer can't require a particular shop. If it names one, it has to tell you that you can use any shop.
RSA 417:4, XX
New Jersey
Your insurer can't make using a particular shop a condition of paying the claim, unless your policy gives it the right to repair.
N.J.A.C. 11:2-17.10(a)6
New York
Your insurer can't require a shop or recommend one unless you ask, and estimates have to state your right to choose.
N.Y. Ins. Law § 2610
North Carolina
You pick the shop. Your insurer can recommend one but has to tell you you're not obligated to use it.
N.C. Gen. Stat. § 58-3-180
Oklahoma
Your insurer can't require a specific repair facility, and can only give you shop names if you ask.
36 O.S. § 1250.8
Oregon
Your own insurer can't require who repairs your car, and has to tell you so before recommending a shop.
ORS 746.280
Pennsylvania
Appraisals have to say no specific shop is required, and your insurer can only name shops if you ask first.
31 Pa. Code §§ 62.3, 146.8
Rhode Island
Your insurer can't require a shop or interfere with your choice, and can't suggest a different shop once you've picked one.
230-RICR-20-40-2, § 2.8(D)
South Dakota
Your insurer can't make using a particular repair shop a condition of paying the claim.
S.D. Codified Laws § 58-33-67(5)
Texas
Your insurer can't limit your choice of shop or tell you that you have to use a preferred one. This covers claimants too.
Tex. Ins. Code §§ 1952.301, 1952.302
Virginia
Your insurer can't require a designated repair facility, and has to tell you you're not obligated to use a shop it recommends.
Va. Code § 38.2-517
Wisconsin
Your insurer can't require a particular repair facility or slow down your claim because of the shop you picked.
Wis. Stat. § 632.375
What these rules don’t do. They don’t make the insurer pay any price the shop names. Most let the insurer pay a fair or prevailing amount. Most still let it recommend a network shop as long as it tells you you’re free to choose. New York, Pennsylvania, and Oklahoma go further and only allow a recommendation if you ask for one.
Who they cover. Some apply only to your own policy (Oregon, New York’s statute), while others, like Texas and North Carolina, also cover you when the other driver’s insurer is paying. They’re enforced by the state insurance department, so a complaint there is the usual next step if an insurer pushes you.
General information, not legal advice. Laws change, so check the linked text or your state insurance department before relying on it. Last reviewed September 2026.
Parts 101
Four Part Types Can End Up on Your Car
Every estimate line lists a part type, and the differences matter more than the names suggest. Assurity recommends genuine OEM parts whenever possible: they’re the only ones tested as part of your car’s full safety system.
Genuine OEM Parts
Made by your vehicle's manufacturer or its authorized suppliers.
Pros
- Built to original specifications
- Best fit, finish, and structural integrity
- Tested as part of the full vehicle safety system
- Helps protect resale value
- Often required for lease returns
Cons
- May cost more
- Some policies don't cover them automatically
Aftermarket Parts
Copies produced by third-party manufacturers.
Pros
- May have lower costs
- Widely available
Cons
- Materials and tolerances may not match OEM
- Fit and finish vary
- Can affect how safety systems perform
- Typically not tested at all or as part of the full vehicle system
Salvage / Recycled Parts
Pulled from vehicles in salvage yards, typically OEM parts from the same make, model, and year.
Pros
- May have lower costs
- Keeps usable parts out of landfills
Cons
- Unknown history, wear, or damage
- May come from a previous accident
- No manufacturer warranty
Remanufactured Parts
Used parts that have been repaired or refurbished.
Pros
- May have lower costs
- Can be acceptable for some cosmetic components
Cons
- Quality varies widely
- Structural integrity may be compromised
- Not recommended for safety-related components
- Never recommended for wheels
Before You Sign
Questions Worth Asking
Ten minutes of questions can save you from a repair you’ll regret. Have the shop explain any acronym or line item on the estimate you don’t understand before you sign anything.
Ask Your Insurance Company
- What part types does my policy allow?
- Will I owe a deductible?
- Do I have rental coverage?
- Are there restrictions on which shops I can use?
Ask the Shop
- Are you certified by my vehicle’s manufacturer to repair it?
- What part types are listed on my estimate?
- Will you follow OEM repair procedures?
- Which safety systems are affected, and how will you calibrate them?
- Can you explain anything on the estimate I don’t understand?
Quick Answers
Collision Repair Rights: Common Questions
Short answers to the questions drivers ask most after an accident.
Can I choose my own body shop after an accident?
In most cases, yes. At least 26 states have a law or insurance regulation that says your insurer can't require a particular shop, and most policies elsewhere let you pick too. Your insurer can usually recommend a shop, and it pays a fair price for the repair wherever you go. Check the repair section of your policy, since some discounted network plans limit your choice.
Can my insurance company force me to use their preferred shop?
Not in the states with an anti-steering law, including California, New York, Texas, and Pennsylvania. Some states also require the insurer to tell you that you're free to choose. Where there's no specific law, read your policy and ask the insurer to put any requirement in writing. Before agreeing to a preferred shop, check its training, equipment, part policies, and reviews the same way you would vet any other business.
If I choose my own shop, will insurance still pay?
Yes, but usually up to what it considers a fair or prevailing price for the repair, not whatever the shop bills. If your shop's estimate is higher, ask the insurer and the shop how they'll settle the difference before work starts. A good shop will send the insurer a supplement with the repair procedures that justify it.
What is the difference between being the insured and being a claimant?
You're the insured when your own policy pays for the repair, and a claimant when someone else's insurance pays. Claimants usually owe no deductible and aren't bound by the other driver's policy restrictions except potentially policy limits. You can also request OEM parts when they're reasonable and necessary.
Do no-fault laws change how my car is repaired?
Not usually. No-fault rules apply to injuries: each driver's insurer pays its own driver's medical costs regardless of who caused the accident. Vehicle damage still follows normal fault rules, and you still choose your shop.
Do I have the right to know which parts a shop will use?
Yes, and you should ask before repairs begin. Many states require shops to disclose part types in writing on the estimate.
Are OEM parts worth it after a collision?
Genuine OEM parts are built to your vehicle's original specifications and tested as part of the full vehicle safety system, which is why Assurity recommends them whenever possible. Aftermarket, salvage, and remanufactured parts cost less but carry trade-offs in fit, safety-system performance, and resale value.
The Assurity Promise
You Shouldn’t Have to Figure This Out Alone
Vehicles are more advanced than ever, and so are the repairs. Assurity independently verifies shops across the 4Ms: Man, Method, Materials, and Machines. So when you exercise your right to choose, you have somewhere solid to start.
Your Car. Your Choice.
You know your rights. The next step is picking a shop that can prove it repairs to the vehicle maker’s standard. Search certified collision repair shops near you and compare your options.