Following an automobile accident, physical damage usually assumes center stage in personal injury lawsuits. Yet, repairs to the vehicle are also an integral aspect of the healing process. Whether your vehicle received cosmetic scratches or was totally wrecked, the repair or replacement process can be complicated—particularly when insurance firms are thrown into the picture.
This article explains your California rights in making car repairs after an accident, how to handle insurance companies, what you can do about selecting a repair shop, and how to get paid for repair expenses.
Who Pays for Vehicle Repairs After an Accident?
In California, the party at fault for the accident is typically responsible for paying for the cost of repairing or replacing the damaged vehicle. If another driver caused your accident, their insurance company should cover your vehicle damage through a property damage liability claim.
If you caused the accident—or if fault is unclear—you may need to go through your own insurance policy under:
- Collision coverage: Covers vehicle repairs regardless of fault
- Uninsured motorist property damage (UMPD): Covers your vehicle if the at-fault driver lacks insurance (not available with all policies)
If your vehicle is financed or leased, your lender may require you to carry collision and comprehensive coverage to ensure the vehicle can be repaired or paid off.
Determining the Value of Vehicle Repairs
An insurance adjuster will inspect the damage and estimate the cost of repairs. This estimate is used to:
- Approve the amount the insurer will pay
- Decide whether the vehicle should be repaired or declared a total loss
You have the right to:
- Dispute the adjuster’s estimate if it’s too low
- Seek a second opinion or independent repair estimate
- Choose your own repair shop (California law prohibits insurers from requiring you to use specific shops)
Keep in mind that insurance companies often have pre-negotiated rates with “preferred” shops, which may result in faster approvals—but not necessarily higher-quality repairs.
Total Loss and Fair Market Value
If the cost to repair your vehicle exceeds its actual cash value (ACV), the insurance company may declare it a total loss. In that case, you’ll be offered a cash payout based on the car’s fair market value at the time of the accident.
The payout amount should reflect:
- Your vehicle’s make, model, year, mileage, and condition
- Comparable sales in your local area
- Market depreciation
You have the right to challenge the valuation by submitting your own evidence, such as:
- Vehicle listings for similar cars
- Maintenance records showing excellent condition
- Receipts for recent upgrades or modifications
If a disagreement arises over the total loss value, your attorney can negotiate with the insurer or pursue legal action.
Choosing a Repair Shop in California
California law gives you the right to choose any licensed repair shop, regardless of what your insurance company recommends. You are not required to use the insurer’s “preferred” or “direct repair” vendors.
Before selecting a shop, consider:
- The shop’s reputation and reviews
- Whether they offer warranties on their work
- Experience with your specific vehicle make and model
- Certifications from organizations like ASE (Automotive Service Excellence) or I-CAR
If you go outside the insurer’s network, you may need to handle more of the paperwork yourself, but it can lead to better quality and customer service.
Use of Original Manufacturer Parts
Some insurance policies cover only aftermarket or salvage parts instead of original equipment manufacturer (OEM) parts. If your vehicle is newer or under warranty, using non-OEM parts could impact performance or resale value.
In California, repair shops must:
- Disclose whether they’re using OEM or non-OEM parts
- Obtain your written consent for non-OEM parts
- List the parts used on the invoice
If OEM parts are essential for the quality or safety of your vehicle, you may be able to request coverage or negotiate with the insurer for reimbursement.
Can You Recover Repair Costs in a Personal Injury Claim?
Yes. If you’re pursuing a personal injury claim, you can also seek compensation for property damage, including:
- Cost of vehicle repairs
- Diminished resale value, if applicable
- Rental car expenses while your vehicle is being repaired
- Towing and storage fees
These are typically considered economic damages and can be included in your total settlement demand.
If the accident was caused by a government entity (e.g., due to a road hazard or poor signage), you may be able to file a government tort claim for repair costs, though special deadlines and procedures apply.
What if the Insurance Company Delays or Denies Repairs?
It’s not uncommon for insurance carriers to delay approvals or lowball estimates. If this happens, you can:
- Request a written explanation
- Submit independent repair quotes
- File a complaint with the California Department of Insurance
- Consult with an attorney to apply pressure or initiate legal action
Bad faith insurance practices—such as unjustified denials, unreasonable delays, or pressure to accept substandard parts—may give rise to a separate lawsuit.
Rental Car Reimbursement
While your car is in the shop, you may be entitled to a rental vehicle. This can be covered in a few ways:
- Through the at-fault driver’s insurer
- Under your own rental reimbursement coverage
- Included in a property damage settlement
Make sure to keep all receipts and only rent a vehicle comparable to your own to ensure full reimbursement.
Tips for Managing Vehicle Repairs After an Accident
- Document everything: Keep records of all communications, receipts, estimates, and photos
- Act quickly: Don’t let your vehicle sit in storage for too long—fees can add up and may not be reimbursed
- Get multiple estimates: This can help dispute low insurance offers
- Understand your policy: Review your coverage terms for collision, OEM parts, rental, and deductible obligations
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
