I was in an accident and the person driving the car has taken full responisibility, therefore, his insurance company is paying for everything. The insurance company has dropped the ball by 1) not assigning an adjuster to look at the car and 2) finally after the adjuster showed up the insurance company did not send the check for the claim when my car was ready. We are leaving on pre-scheduled travel plans for the holiday and now the insurance company is refusing to pay for the rental ... even though the body shop will not release my car to me because they haven't gotten paid.
Posted: 23 Dec 2006 05:41 Post Subject: its just a matter of time!
Hey..I'm sure that the delay is not your fault!
...so rest assured that this delay is also not gonna get overlooked at the court of law. Any problem that you suffer owing to this incident or any extra amount of money you need to expend are entitled to get reimbursed !
Now its up to you whether you'd like to go for the trip out of your own pocket till the claim gets settled. I feel its just a matter of time!
All the best, Rockie_Fieldsman.
Posted: 23 Dec 2006 06:04 Post Subject: full responsibility ?
If the offender has taken the full responsibility then why doesn't he turn up to give that extra push to his insurer ?
Posted: 23 Dec 2006 08:55 Post Subject: don't express or commit
If its not your fault in any accident and if you're the one to have suffered injuries then the best thing for you to do is to consult an attorney even before you talk to the insurer. If you're not of the opinion to retain an attorney, make sure that you don't miss a free consultation over the sensitive issues related to your claim as well as the benefits you're gonna get finally.
Also you need to make sure that you don't express or commit anything to the adjuster via a statement or a talk settlement, since these people are professionals who're exceptionally trained to curve out ways to nullify or reduce your claim-value. Thats why I highly recommend an attorney!
Posted: 23 Dec 2006 09:52 Post Subject: Protecting the negligent driver!
My friend, its quite natural for the investigators working on behalf of the insurance co. to protect the interest of the negligent driver. Thats probably the reason enuff to have a personal injury attorney protecting your rights and allowing you to avail the much needed medical treatment for the time. Regards, Sasha T.
Posted: 23 Dec 2006 10:33 Post Subject:
If I understand you correctly, your vehicle is ready, you don't have the carriers check, your going on a drivign vacation, so you want the carrier to pay for the a rental while your on your trip (as you don't have their check to pay for your car).
Well, I can _certainlly_ see your point and it's a good one. However, your plans to use your vehicle while on vacation are not part of this loss. The carrier is only resonsible for a rental expense while your vehicle is being repaired. But a _strong_ argument could be made that the carrier also owes additional rental if they had not paid you for those repairs... _easpecially_ if it can be shown that they had every opportunity to send the payment in time to get to you before the repairs were completed. You have a duty to mitigate the loss but _so does the carrier_. If the rental expense is higher because they did not issue the payment in a timely manner, then that is one them.. not you.
But I'm guessing that by the time the check arrives that you will be _on_ your vacation already and this is why you want them to pay for the rental for an even longer period of time. This goes back to my opening remark... it's not the carriers fault that the accident happen right before you were going on vacation. I fully acknowledge that it's certainlly not your fault either... but it does not obligate them to extend the rental to cover your vacation time.
If I were the carrier, I'd certainlly over-night the payment to you and avoid this whole situation. You may need to go up the management ladder to get this done but explain to them that they screwed up by not getting an apprasier out asap to inspect the vehicle and then did not issue the payment as quickly as they should have. If they won't budge, tell them you plan on filing a complaint with your Dept. of Insurance and see if they would rather just spend the $10 to over-night the payment rather then take the time to address the DOI's concerns over the matter. Let them know it's not a threat, your just trying to point out the big picture and are offering an easier way out of the situation.
Posted: 23 Dec 2006 10:41 Post Subject:
I think Sasha state it best... "Personal _Injury_ Attorney". They work for money and if there is no injury, their client has to pay the bill. So the OP spends $100/hour for an attotney in the hopes that a few days of rental are paid.... and let me state that it's _highly_ unlikey that the carrier would be held responsible to pay for a rental while the OP is on vacation (only until the check is received).
Again, attorneys are not free (as their commercials would have you believe). If they handle your injury, they take 1/3 of your payment. If they handle your property damage, you pay them out of your own pocket. Also (and trust me on this), most personal injury attorneys know next to nothing about handling a property damage claim as they don't handle them because there is no money to be made from the insurance company on them.