by Guest » Thu Dec 09, 2010 02:02 am
I was in an accident late last September where the other driver made a left turn and hit me on the driver door/left front fender area; no injury involved (thank goodness). My car was inoperable and was towed to an auto collision shop. After about a week, the other driver's insurance company accepted liability and presented an estimate to the shop. After about another week or so, the shop informed me that there are "supplemental" damages that need to be seen and approved by the insurance company before they can start the repairs. After another week or so, I was told that the adjuster still haven't sent somebody to inspect and present an estimate for the "supplemental" damages. From here on, I was preoccupied with trying to work for a living. Around mid-November (about a month and a half after the accident), I dropped by the shop to check the status of the repair of my car. The shop then told me that the insurance company still hasn't taken care of the "supplemental" and that repairs cannot be initiated until it is approved. I then brought this to the attention of the adjuster who in turn blamed the repair shop for not calling in the "supplemental" or something like that. They are blaming each other for the delay but in the meantime, my car is still sitting on the lot. Anyway, they finally got the ball rolling and parts were ordered albeit further delayed due to the Thanksgiving holiday week/weekend. My car should be done by next week (hopefully by Dec. 14). The total estimate of the damage is around $8000.
Since the day of the accident, I've been on a rented car so I can continue to go to work and go about my daily business. If you're from Southern California, you would understand the importance of a car to survive here. I associated the insurance claim number with the car rental contract . After, leaving several voice mails to the adjuster (no live person ever answers the phone) about my car rental bill for weeks, I finally got a call from an assistant who told me that they're mailing me a check for $600 for the car rental. I told her that that amount is not enough because at that point in time, the bill was already around $2000 (i.e. $30/day rental plus $10/day loss damage waiver for a total of $40/day and possibly plus applicable sales taxes and approaching the second month of the rental). She then suggested that I should mail back the check which I did. Since then, they haven't returned my calls/voice mails. Meanwhile, the car rental company has been hounding me regarding the bill because according to them, the insurance company is not accepting the claim (or to that effect) and therefore cannot set up/establish "direct billing" with them.
Just in case you're wondering why I have to haggle with the other driver's insurance company directly instead of through my insurance company and why I had to opt for the $10/day loss damage waiver for the rental car -- I only have third party liability insurance when the accident happened. I know, I know...but I had to cut down on expenses and had to drop the comprehensive coverage after I had paid off my car last year. I had to take that chance because I know I'm a safe driver and have never been in any collision wherein I was at fault. It's either that or drop my health insurance coverage. I'm one of the many who have been adversely affected by this economy with maxed out credit cards (mostly closed accounts and just paying them off) and currently only having a low-paying job and working long hours to pay them off and survive at the same time. To add insult to injury, this guy broadsides me as if my life is not complicated enough. I couldn't even begin to think where I'd get the money to pay for the car rental bill. I'm also concerned because though I'm heavily in debt, my credit rating is very good (no defaults). This is really stressing me out and is affecting me health wise.
So, what do you think is going on here? What are my options or recourse as far as getting the insurance company or the insured/policy holder to pay for the car rental bill incurred for the loss of use of my car as a direct result of the collision? Should I wait until the repair of my car is done and conclude my car rental and present the final bill to them? The bill would probably be around $3000 by the time my car is out of the shop (about 2-1/2 months rental at $40/day plus applicable sales taxes). What then if they still don't capitulate? I'm aware I can file a complaint against the other driver/policy holder but can I also name his insurance company as a defendant within the same complaint for handling my claim in "bad faith"? If so, would the Small Claims Court be the proper venue for this type of case? It seems to be my only option since I obviously cannot afford a lawyer. I'm also thinking of filing a complaint with CDI (California Department of Insurance) but I'm not sure about the extent of their scope.
I apologize for the long-winded story, folks. I just want to make sure that I present all the details.
Thanks you for your patience and any help/advice is greatly appreciated.
Since the day of the accident, I've been on a rented car so I can continue to go to work and go about my daily business. If you're from Southern California, you would understand the importance of a car to survive here. I associated the insurance claim number with the car rental contract . After, leaving several voice mails to the adjuster (no live person ever answers the phone) about my car rental bill for weeks, I finally got a call from an assistant who told me that they're mailing me a check for $600 for the car rental. I told her that that amount is not enough because at that point in time, the bill was already around $2000 (i.e. $30/day rental plus $10/day loss damage waiver for a total of $40/day and possibly plus applicable sales taxes and approaching the second month of the rental). She then suggested that I should mail back the check which I did. Since then, they haven't returned my calls/voice mails. Meanwhile, the car rental company has been hounding me regarding the bill because according to them, the insurance company is not accepting the claim (or to that effect) and therefore cannot set up/establish "direct billing" with them.
Just in case you're wondering why I have to haggle with the other driver's insurance company directly instead of through my insurance company and why I had to opt for the $10/day loss damage waiver for the rental car -- I only have third party liability insurance when the accident happened. I know, I know...but I had to cut down on expenses and had to drop the comprehensive coverage after I had paid off my car last year. I had to take that chance because I know I'm a safe driver and have never been in any collision wherein I was at fault. It's either that or drop my health insurance coverage. I'm one of the many who have been adversely affected by this economy with maxed out credit cards (mostly closed accounts and just paying them off) and currently only having a low-paying job and working long hours to pay them off and survive at the same time. To add insult to injury, this guy broadsides me as if my life is not complicated enough. I couldn't even begin to think where I'd get the money to pay for the car rental bill. I'm also concerned because though I'm heavily in debt, my credit rating is very good (no defaults). This is really stressing me out and is affecting me health wise.
So, what do you think is going on here? What are my options or recourse as far as getting the insurance company or the insured/policy holder to pay for the car rental bill incurred for the loss of use of my car as a direct result of the collision? Should I wait until the repair of my car is done and conclude my car rental and present the final bill to them? The bill would probably be around $3000 by the time my car is out of the shop (about 2-1/2 months rental at $40/day plus applicable sales taxes). What then if they still don't capitulate? I'm aware I can file a complaint against the other driver/policy holder but can I also name his insurance company as a defendant within the same complaint for handling my claim in "bad faith"? If so, would the Small Claims Court be the proper venue for this type of case? It seems to be my only option since I obviously cannot afford a lawyer. I'm also thinking of filing a complaint with CDI (California Department of Insurance) but I'm not sure about the extent of their scope.
I apologize for the long-winded story, folks. I just want to make sure that I present all the details.
Thanks you for your patience and any help/advice is greatly appreciated.
Posted: Fri Dec 10, 2010 03:13 am Post Subject:
And please notice what Mike of the Ozarks actually told Fil above:
If it were me I would simply send a certified letter to their insured and your adjuster advising them that you will be seeking these additional damages, but would consider dropping the additional claim for loss of value (Diminishment of Value) in exchange for a prompt resolution of your rental expenses upon full completion and inspection of the repairs to your property
He's suggesting giving up the diminished value claim entirely -- forgoing the $4000 -- just to get the car repaired and the few hundred dollars of rental care expense paid.
I'm suggesting exactly the opposite. If you think you're entitled to it -- the diminished value and the rental car expense -- then demand it! And keep hounding them until you get it. You don't need an attorney to fight such a small battle. Just a little time and effort. You will probably get some or all of the diminished value, but you're unlikely to get most of the excess rental car expense.
Posted: Fri Dec 10, 2010 08:44 am Post Subject:
And please notice what Mike of the Ozarks actually told Fil above:
Quote:
If it were me I would simply send a certified letter to their insured and your adjuster advising them that you will be seeking these additional damages, but would consider dropping the additional claim for loss of value (Diminishment of Value) in exchange for a prompt resolution of your rental expenses upon full completion and inspection of the repairs to your property
He's suggesting giving up the diminished value claim entirely -- forgoing the $4000 -- just to get the car repaired and the few hundred dollars of rental care expense paid.
Sounds to me like he has more than a couple hundred dollars rental expense. More like 1400 after the 600 dollars offered. I recommend most people try small claims court, but most are intimidated by any appearance in court. And if an insurer wants to play hard ball, all they have to do is appeal the small claims court decision and force them into a higher court where they will have to hire an attorney. Missouri courts have a 3000 or 3500 dollar limit and you can have no attorney speak on your behalf but the at fault party will be represented by an attorney or adjuster as per policy contract and they will be able to advise their policy holder on how to answer.
I'm suggesting exactly the opposite. If you think you're entitled to it -- the diminished value and the rental car expense -- then demand it! And keep hounding them until you get it. You don't need an attorney to fight such a small battle. Just a little time and effort. You will probably get some or all of the diminished value, but you're unlikely to get most of the excess rental car expense.
I finally got a call from an assistant who told me that they're mailing me a check for $600 for the car rental. I told her that that amount is not enough because at that point in time, the bill was already around $2000 (i.e. $30/day rental plus $10/day loss damage waiver for a total of $40/day and possibly plus applicable sales taxes and approaching the second month of the rental).
Posted: Fri Dec 10, 2010 12:40 pm Post Subject:
My bad. Either way, $2000 or $4000, few attorneys in the bankrupt state of California are going to bite on this case. It ends up being a losing proposition for all parties involved because of the "small" amount of money involved.
The insurance company pays the claim, the at-fault party pays higher premiums, the OP's attorney gets 30%-40% of the settlement, and the OP ends up with only slightly more than he would have obtained without much effort other than a few determined phone calls. And he's still mad as he continues on his way.
Posted: Fri Dec 10, 2010 03:09 pm Post Subject:
The problem is that with most collision claims, the adjuster insists they negotiate the claim with the shop. People are told, if there are additional damages found, you need to have your bodyshop contact us for any supplemnents. People drop off their vehicles and most shops gladly attempt to handle the claim on behalf of the vehicle owner. Vehicle owners should stay on top of their claims, no doubt, but most are told, we'll call you when your car is ready. My customers are kept in the loop and all documentation goes to the insurer only after customer notification and approval.
Posted: Fri Dec 10, 2010 03:59 pm Post Subject:
Take it easy on MaxHerr. He's just burnt out from his boring insurance job and now aspires to be a comedian hoping to land a gig as a sitcom series regular in Hollywood someday. Well obviously, he needs to do a lot of work as far as his craft is concerned especially in the absence of innate comedic talent.
Posted: Sun Dec 12, 2010 01:06 am Post Subject:
My customers are kept in the loop and all documentation goes to the insurer only after customer notification and approval.
And I'm sure that was the case in this instance, too. But poor old, Fil was just too busy, slaving away to pay his credit card debt, and too poor to even pay attention.
Posted: Sun Dec 12, 2010 01:08 am Post Subject:
and now aspires to be a comedian
Obviously you've never seen my stand-up routine on Social Security and Medicare. I'm almost ready with the one on Obamacare.
That aside, apparently everything I wrote in my originaly response must be correct (or at least very close), because you've never taken the opportunity to correct/rebut my interpretation of the events.
Posted: Mon Dec 13, 2010 10:29 am Post Subject:
Max Herr's behavior is typical of a sexually repressed and frustrated person...you know - the anti social type who could not get a girlfriend in high school and could not get laid unless he or someone else pays for it. Nowadays in his advanced age, he still has no wife or girlfriend and probably gets laid from time to time if he gets a good bargain with crack whores in the seedy part of his town. They are usually intelligent; a by-product of the psychological makeup of such a personality type and it acts as a "filler" and compensates for his sexual and social inadequacies.
He is the type who could snap at any time and be capable of doing a "Colombine" type of event or going "postal" at his workplace if pushed to the brink. His ag
Posted: Mon Dec 13, 2010 03:27 pm Post Subject:
Dear amashrink . . .
CLICK.
Posted: Mon Dec 13, 2010 03:33 pm Post Subject:
BANG!
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