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Insurance claim with Aviva

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Hey all — I own a 2022 Model S LR.

A few weeks ago, it was parked on the street and someone backed into it. No major damage, a few scratches and a small dent above the tail light. I filed a claim with Aviva, my insurance provider.

What I thought would be a straight forward claim turned out to be me fighting with Aviva for the past month.

They are claiming that I can’t get it repaired at Tesla if I want the cost fully covered under insurance. They are refusing to approve Tesla’s labour rates, specifically. They claim that they are affiliated with 3rd party Tesla certified repair shops that charge less labour, so if I want to go to Tesla Collision, I’d be responsible for the difference.

Tesla is claiming that Aviva has approved their labour rates in the past and that I should escalate, but I’ve talked to many different people at Aviva and they are not budging on this one bit.

Can I realistically escalate this, maybe take it to arbitration to have Aviva honour Tesla’a labour rates? Is there a legal obligation for the insurance provider to return my car to its at loss condition, including getting it fixed at the manufacturer, especially considering it’s only a year old?

Would appreciate any advice anyone has, specifically around dealing with Aviva becuase they have been an absolute nightmare throughout this process. I intend to change insurance providers as soon as this claim is done and dealt with.

Thanks.
 
We can for sure decide where to send the car to for repair, but I believe the insurance company also has the right to only cover the standard industry/avg labor hourly rate in the area.

Just curious why you insist to have your car repair by the Tesla Collision Centre? Understood it is an expensive car and you want it to be done right, but if the repair shop Aviva pushing is indeed an official Tesla approved shop, they will be as good as OEM and personally, I would prefer the 3rd party shop as they would have more experience on this type of repair...
 
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As stated earlier, you certainly have the right to use the repair facilities of your choice. I also don't believe Aviva can deny your selection just because it is more expensive but I don't really know first hand about this.

What I suggest is you reach out to the Ombudsman to help settle this matter:

Ontario Insurance Ombudsman

Please continue to update this thread as I'm pretty sure most will be interested in understanding what rights you have and those of the insurance company.
 
Does Tesla have collision repair centres that they run? I thought they were all third-party "Tesla approved" shops?

Insurance companies always have approved repair shops with which they've negotiated rates and standards. It manages cost and risk, and means that people can't take the vehicle to "their mate" who charges 2x the going rate.

The insurance company obligation to you is to repair the vehicle back to original state. I'd go with their repair place who is motivated to keep their "approved" status and will likely do just as good a job as anywhere else.

EDIT: Also FYI I would never claim or even call insurance unless it's a seriously expensive claim. The hassle and damage to your insurance record (remember "no claims protection" is meaningless if you move company) is not worth it, at all. To me insurance is only useful for huge claims and covering your legal obligations to be insured.
 
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