No. Texas Insurance Code §1952.301 bars insurers from limiting your coverage because you picked your own repair shop, and §1952.302 says an adjuster may not state or suggest that you must use a specific or preferred shop for the repair to be covered. The same protection applies to claims against another driver's insurer. Under 28 TAC §5.501, the insurer still only has to pay a reasonable amount for repairs and parts.
If an adjuster just handed you the name of a shop and made it sound like your only option, here is the short answer: no, you do not have to use your insurance company's body shop in Texas. State law gives you the right to pick where your car gets fixed, both on your own policy and on a claim against the other driver's insurer. Below is how that right works, where its limits are, and what to do if someone leans on you. This is general information, not legal advice.
Can an insurance company choose your body shop in Texas?
No. Texas Insurance Code §1952.301 says an insurer may not, directly or indirectly, limit its coverage by keeping you from selecting the repair person or facility that fixes your vehicle. The same section says it may not limit coverage by dictating the brand, type, age, vendor or condition of the parts used.
Insurers also have to tell you about this right. Section 1952.305 requires notice when you present your car for a damage claim, and the Texas Department of Insurance rule that carries it out, 28 TAC §5.501, spells out the wording. It reads, in part:
By law, you have the right to select where your motor vehicle is repaired and the parts used for repairs. However, an insurance company is not required to pay more than a reasonable amount for such repairs and parts.
Under that rule, you get the notice in person if you make the claim in person. If you report the claim by phone or in writing, the insurer has a short window of business days to send it.
What the "reasonable amount" limit means for you
The second sentence of that notice matters. Your right to choose is a right to choose the shop, not a promise that the insurer will pay any bill the shop writes. If your shop's estimate comes in higher than what the insurer considers reasonable, someone has to sort out the gap.
Most of the time that happens between the shop and the adjuster, line by line: labor hours, paint time, which parts were written. (Parts have their own rules, covered in OEM vs aftermarket parts in Texas.) When the shop finds more damage after taking the car apart, the Texas Department of Insurance auto insurance guide says you or the shop can talk to the adjuster about raising the estimate. At Nova Body Shop we will talk with your adjuster directly, so you are not stuck relaying messages about bumper brackets.
If the two sides still can't agree, ask for the insurer's position in writing before any work starts, so you know what you might owe.
What is a preferred or DRP shop?
Many insurers keep a list of shops they work with, often called preferred shops or a direct repair program (DRP). A DRP shop has an arrangement with that insurer, and the terms vary from company to company. Some drivers like the convenience, and using one is perfectly fine if that is what you want.
What the insurer cannot do is make the list mandatory. The TDI auto insurance guide puts it plainly: companies may give you a list of preferred repair shops, but they can't require you to use one. If you already have a shop you trust, or one close to home or work, you can take your car there.
What can an adjuster say about where you get repairs?
An adjuster can inspect your car, write an estimate, hand you a list of shops the company works with, and remind you that the insurer only has to pay a reasonable amount. Under §1952.302, an insurer, its employees, its agents and its adjusters may not:
- state or suggest, in person or in writing, that you must use a specific shop, or a shop on the insurer's preferred list, for the repair to be covered
- ask for or accept a referral fee for sending you to a particular shop
- restrict your choice by making you travel an unreasonable distance to get the repair done
There is one more protection worth knowing. Section 1952.304 says an insurer may not stop a shop from telling you which parts were used, who made them, and what the insurer was charged for parts and labor. You are allowed to see what you are getting.
What to do if you feel pushed toward a certain shop
A comment like "your repairs are only covered at our shop" crosses the line drawn in §1952.302. If you hear something like that, stay calm and get it on paper:
- Tell the adjuster, in writing if you can, which shop you have chosen.
- Ask the adjuster to put any statement about coverage and shop choice in an email.
- Write down the date, the time, and the name of the person you talked to.
- If the pressure keeps up, contact the Texas Department of Insurance Help Line at 800-252-3439, weekdays from 8 a.m. to 5 p.m. Central, or file online through TDI's insurance complaint page.
Most adjusters follow the rules. Knowing the rule yourself just makes the conversation shorter.
Does the right to choose apply if the other driver hit you?
Yes. Section 1952.301(b) covers third-party claims: when you file against the at-fault driver's policy, that insurer may not require you to use a particular shop or a particular brand, type or condition of parts. The TDI guide also notes that you don't pay a deductible on a claim against another driver's insurance company.
If the driver left the scene, the path is a little different, and we walk through it in what to do after a hit-and-run on a parked car in Austin. Deciding whether a small ding is worth a claim at all? Read should you file an insurance claim for minor car damage, and for how we handle the paperwork side, see our insurance claims page.
Want a second opinion before you commit to any shop? Text photos of the damage to 512-837-8174, or stop by 8415 N Lamar Blvd for a free walk-in estimate that takes 5 to 15 minutes.
Frequently asked questions
Will my insurance still pay if I don't use their shop?
Yes. In Texas, your insurance company may not limit your coverage because you chose your own body shop, under Texas Insurance Code §1952.301. The insurer only has to pay a reasonable amount for repairs and parts, so if your shop's price is higher, the shop and the adjuster may need to work out the difference before work starts.
Is the adjuster allowed to push their preferred shop on me?
An adjuster can give you a list of preferred shops. Texas Insurance Code §1952.302 says the adjuster may not state or suggest that you must use a specific or listed shop for the repair to be covered. If what you're hearing sounds like a requirement, ask for it in writing.
Who do I call if my insurance company is pressuring me about repairs?
Call the Texas Department of Insurance Help Line at 800-252-3439, weekdays from 8 a.m. to 5 p.m. Central time. You can also file a complaint online through TDI's website at tdi.texas.gov. Keep notes of who said what and when, since that helps TDI look into it.
Do I get to pick the shop if the other driver's insurance is paying?
Yes. Texas Insurance Code §1952.301(b) says an insurer settling a third-party property damage claim may not require you to use a particular repair shop or particular parts. The Texas Department of Insurance also says you don't pay a deductible on a claim against another driver's insurer.
Can the body shop tell me what parts and prices the insurer paid for?
Yes. Under Texas Insurance Code §1952.304, an insurer may not stop a repair shop from telling you the description, manufacturer or source of the parts used, and the amounts charged to the insurer for parts and labor. Just ask the shop for that breakdown.