The Montana Commissioners of Securities and Insurance (CSI) published an Advisory Memorandum to inform both consumers and insurers on certain rules related to insurance and auto repair shops. Consumers should know it is their right to repair their damaged auto at an auto repair shop of their choice. On the other hand, insurers, producers, and adjusters are directed that they are not allowed to coerce or provide an incentive to an insured to use a particular auto repair shop.

CSI has received complaints of illegal practices happening. One such practice involves pre/post sublet scans. Some insurers are paying for the pre/post sublet scans if the scans are being done at auto repair shops that participate in the insurer's Direct Repair Program, but not paying for the scans if they are done at another shop. Another complaint received is one insurer attempted to influence a claimant from using a non-DRP shop by making false claims that the shop was difficult to work with. These practices violate Montana law. 

Insurers are allowed to have DRP programs but may not attempt to prevent an insured from using a non-participating shop. If requested by a claimant, an insurer must provide a list of all auto repair shops that are reasonably close to the insured, without bias to any of the shops.  An insurer found to be engaging in unfair trade practices will be subject to enforcement action.