Allstate Rental Reimbursement?

by zcrane1987 » Tue Feb 17, 2009 04:02 am

Hi everyone! This looks like an amazing resource for information.

I was involved in an accident with an Allstate insured driver in Beaumont, TX, where I am on an internship away from my home in Tennessee. He was an elderly gentleman who completely misjudged my speed and pulled out in front of me. Despite slamming on my brakes, I hit him squarely on his driver's side, causing damage to both his front and rear driver's side doors.

My vehicle was totaled. The officer at the scene cited the other driver for failing to yield right-of-way, and said that he would have to undergo re-evaluation to continue to drive. Allstate has accepted 100% liability.

I have already been offered a settlement for the value of my vehicle, which I believe is fair. Allstate calculated it differently than I did, but it came out to be basically NADA, Edmunds, and Bluebook averaged + Taxes. Fine by me.

My concern is the amount of time Allstate is taking to get me into a rental. My first adjuster told me that Allstate would not authorize a rental car until fault had been determined. Reasonable enough. Waited a week and 2 days for them to accept liability, and they finally did.

My total loss adjuster told me this morning that in the case of a total loss, Allstate does not authorize rentals, but pays a loss of use instead.

I called my original adjuster back, got her voicemail (not at all unusual, and she usually does not call me back), and did not hear from her by the end of the day. I'll call again tomorrow as is the usual practice.

I have a couple of questions and a concern:

1. Which story should I believe? Should Allstate straight up rent me a car for a reasonable amount of time until I can obtain a replacement, or should I expect a loss of use settlement?

2. Is it up to me to come up with a reasonable amount in the event of a loss of use settlement? Personally, I would ask for 3 weeks of rental at the standard rate for an under 25 year-old driver (I am 21). Assuming that they do their job, this should be more than enough time to locate a vehicle.

3. If they do rent me a car and I am unhappy with the length of time they are willing to provide it for, (say they only offer 1.5 to 2 weeks), how negotiable is that deadline?

Concern:
Am I already getting the run-around? It seems to me that I should have been advised from the get-go if Allstate was not going to straight up rent me a car. If they were going to reimburse me the entire time, why not just say so, so that I can get myself a rental and not have to bum rides to work?

Thank you for your help! I have wonderful insurance back home, and have never had to claim against a large company like Allstate with such a broad range of experiences in terms of customer satisfaction.

Total Comments: 15

Posted: Thu Jan 20, 2011 01:32 am Post Subject:

Loss of Use is usually 3rd party (they other guy that got rear ended by our insrd) and covered under our insrd's liabilty coverage. Can be paid for the other guys transportation by renting him a vehicle or in cash for "loss of use" of the vehicle that was damaged. If rental is elected, most companies approve a basic amount and direct bill through the rental company. if not electing rental, a cash amount of $15-20 a day can be paid directly to the other guy for his "loss of use".

Some companies' proceedures are a little different on how



The third party claimant is not bound by the terms and conditions of your personal policy on how you handle loss of use, rental expenses, or by the terms and conditions of how you treat your first party insureds. All losses, including loss of use, are paid out of the limits of liability of that policy holder under their liability portion of the policy. Losses of use are damages incurred by the injured party as reasonably determined by the court or thru the negotiation of the loss.
You are correct in that is how it is typically handled, but there is a difference in what you may legally owe and what you pay many times because third party claimants are not informed of what they may be legally entitled to. I could guaranty you that you won't get away with putting me in a 15 to 20 dollar a day chevy aveo, when I am driving a newer silverado for my daily needs.

Posted: Thu Jan 20, 2011 03:48 am Post Subject:

I could guaranty you that you won't get away with putting me in a 15 to 20 dollar a day chevy aveo, when I am driving a newer silverado for my daily needs.

Courts have sided with the insurance company in matters like these. Most insurance companies will pay for the larger vehicle if the person has an actual need. Otherwise it's 4 wheels and an engine.

Posted: Wed Mar 02, 2011 07:15 pm Post Subject: Payment vs. Rental Car

I opted to use someone's car versus renting a car at the insurance company's expense.

When I did this 25 years ago, the company paid me the $20/per day vs. the rental agent.

Is this no longer available?

Posted: Wed Mar 02, 2011 08:00 pm Post Subject:

Is this no longer available

Sure it is. If it's the other person's carrier they owe you for Loss of Use, this applies even if you don't get a rental. If it's your own carrier you should be able to give them a bill from your friend so that they can pay it under rental reimbursement.

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