A rock on the interstate, a crack across the windshield, and a flyer or text that says the replacement will be free. Before you hand over your insurance information, know that Tennessee has a specific law about auto glass shops and insurance deductibles. Tennessee Code §§ 56-7-1113 through 56-7-1116 list practices the state calls unfair, deceptive, or fraudulent, including advertising a service as free when an insurer will actually pay for it.
| Practice by a glass business | What the law says |
|---|---|
| Financing your deductible on special terms | Barred if the terms differ from those offered to customers not making an insurance claim |
| Credits, gifts, rebates toward your deductible | Barred as a pattern or practice |
| "Free" advertising | Barred if an insurer will in fact pay for the service |
| Deferring, discounting, or repaying your deductible | Barred as a pattern or practice when based on insurance coverage |
| Insurer's response | May refuse an assigned-benefits claim involving these practices; may require verified proof you paid the deductible |
| Remedies | Actual damages for economic loss; also a Consumer Protection Act violation, including treble damages and attorney's fees |
Source: Tennessee Code §§ 56-7-1113 to 56-7-1116.
Why the law exists
In § 56-7-1113, the General Assembly found that these practices cause insurers to incur higher costs and to pay a greater amount of claims than they would otherwise. In plain terms, when a shop quietly absorbs a deductible and bills the insurer, that cost does not disappear. It moves into the claim.
The four practices the law names
Section 56-7-1114 says it is unfair, deceptive, or fraudulent for a business that repairs or replaces auto glass to knowingly:
- Offer to finance your deductible on terms different from what it offers customers who are not making an insurance claim.
- Make a pattern or practice of promising credits, incentives, gifts, rebates, or special financing to satisfy all or part of your deductible or co-payment.
- Advertise or represent that the service is free if an insurer will in fact pay for it, or advertise to solicit claims against an insurer.
- Make a pattern or practice of deferring collection of, discounting, or repaying your deductible because insurance is available.
The words "pattern or practice, on more than an occasional or isolated instance" appear in items 2 and 4. The law is aimed at a business model, not a one-time courtesy.
What it means for your claim
Many drivers sign a form at the glass shop that assigns their insurance benefits to the shop, so the shop bills the insurer directly. Under § 56-7-1115, when a shop submits a claim that way, the insurer may refuse payment of a claim that involves one of these practices. When there is reason to believe the practices occurred, the insurer may require verified proof that you fully incurred and paid your deductible or co-payment.
That puts the driver in the middle. If a shop "waived" your deductible and the insurer asks for proof of payment, you may be the one answering the question.
Before you say yes to a windshield offer
- Know your deductible. Glass claims often fall under the physical damage coverage on an auto policy. Check your declarations page: TDCI glossary: what your insurance declarations page shows. and TDCI’s glossary separates collision coverage from comprehensive coverage.
- Ask who is paying. If the shop says "free," ask whether it plans to bill your insurer.
- Read what you sign. An assignment of benefits form lets the shop deal with your insurer for you.
- Keep your receipt. Proof that you paid your deductible can matter if the claim is questioned.
- Call your agent first. A quick call can tell you how glass claims work on your policy.
If you were harmed by a glass shop
Section 56-7-1114 lets a person or business that suffers an economic loss from a violation sue for actual damages. Section 56-7-1116 adds that a violation is also a violation of the Tennessee Consumer Protection Act, with its civil remedies, including treble damages and attorney's fees. Insurance-related complaints can also go to the state: How Tennesseans file an insurance complaint with TDCI’s Consumer Insurance Services.
For more on Tennessee auto rules, see Tennessee's New Auto Insurance Laws: Uninsured Fees Jump From $25 to as Much as $1,500 and TDCI’s glossary explains the difference between a first-party claim and a third-party claim.
This article is informational only. It summarizes Tennessee Code §§ 56-7-1113 to 56-7-1116 and is not legal advice. It does not promise coverage, eligibility, or any claim result; your policy and your insurer control.
Related reading from All Seasons
- TDCI’s glossary separates collision coverage from comprehensive coverage.
- TDCI’s glossary explains the difference between a first-party claim and a third-party claim.
- TDCI glossary: what your insurance declarations page shows.
- How Tennesseans file an insurance complaint with TDCI’s Consumer Insurance Services.
- Tennessee's New Auto Insurance Laws: Uninsured Fees Jump From $25 to as Much as $1,500
- TDCI’s glossary explains how cancellation, non-renewal, lapse, and rescission end a policy in different ways.
Free policy review
All Seasons Insurance Group offers a free personal policy review. Call 865-263-1400 or visit asigtn.com/get-a-quote/. This article is informational only and does not promise coverage or eligibility; your policy forms control. Seasons change. So should your coverage.
Can a Tennessee glass shop advertise a free windshield if insurance pays for it?
Tennessee Code 56-7-1114 says it is unfair, deceptive, or fraudulent for a glass business to knowingly advertise or represent that services are free if in fact an insurer will pay for the service.
Can a glass shop waive or cover my deductible?
The law bars a pattern or practice of offering credits, gifts, rebates, or special financing toward a deductible, and of deferring, discounting, or repaying a deductible because insurance coverage is available.
Can a glass shop finance my deductible?
Not on terms different from what it offers customers who are not making an insurance claim.
Can my insurer refuse to pay the glass shop?
Under Tennessee Code 56-7-1115, an insurer processing a claim from a glass business to which you assigned benefits may refuse payment of a claim that involves one of these practices.
Can my insurer ask me to prove I paid my deductible?
Yes. When there is reason to believe the practices occurred, insurers may require verified proof that you fully incurred and paid your deductible or co-payment.
What happens to a glass business that breaks this law?
A person with an economic loss may sue for actual damages, and a violation is also a violation of the Tennessee Consumer Protection Act, including treble damages and attorney's fees.
What should I do before accepting a windshield offer?
Check your deductible on your declarations page, ask whether the shop plans to bill your insurer, read any assignment form, and keep your receipt.
How can All Seasons help after reading this?
Call 865-263-1400 or visit asigtn.com/get-a-quote/ for a free personal policy review. Informational only; no coverage promises. Seasons change. So should your coverage.
Source links
- Tennessee Code § 56-7-1113 — Automobile glass replacement or repair; legislative findings (Justia)
- Tennessee Code § 56-7-1114 — Automobile glass; fraudulent and deceptive practices; damages (Justia)
- Tennessee Code § 56-7-1115 — Automobile glass; payment of claims (Justia)
- Tennessee Code § 56-7-1116 — Automobile glass; violations; remedies (Justia)
- Get a Quote — All Seasons Insurance Group
