What New York Insurance Law §2610 says
New York Insurance Law §2610 establishes that insurance companies cannot require policyholders to use a specific repair facility. The shop choice belongs to the consumer. Insurers can recommend shops on their direct-repair-program (DRP) network, but they cannot legally compel you to use them.
This protection exists because insurer-preferred shops have agreed to negotiated rates and parts choices in exchange for steady volume. These rates can mean cut corners on labor, aftermarket parts where OEM is safer, and shorter timelines that skip prep work. You're not obligated to accept that tradeoff.
Common steering tactics to watch for
Adjusters say things like: 'You can use any shop, but if you don't use one of ours, we can't guarantee the work,' or 'Our preferred shops have faster turnaround,' or 'If you use a non-network shop, you might pay more out-of-pocket.' These statements are usually misleading.
Your insurer's warranty obligation applies regardless of shop choice. Timelines depend on damage and parts, not network status. Out-of-pocket costs are your deductible regardless of which shop does the work.
How to push back
Tell the adjuster clearly: 'I am exercising my right under NY Insurance Law §2610 to use [your shop name].' If they continue to steer, escalate to a supervisor. If the issue persists, file a complaint with the New York State Department of Financial Services (DFS).
At D. MacArthur Auto Body, we handle the carrier communication for you. Once you commit to having us do the repair, we deal with the adjuster from that point forward. You don't have to argue.
Frequently asked questions
Will my claim take longer if I don't use the insurance company's shop?
No. Claim timeline depends on damage and parts. We communicate with carriers the same way DRP-network shops do.
Will I pay more out-of-pocket?
No. You pay your deductible regardless of which licensed body shop does the work.
What if my insurance refuses to pay the full amount?
We document the work needed with photos and measurements, submit supplements, and advocate for the right repair. In over 50 years we've never failed to get warranted repair work approved when properly documented.