by bdeittrick » Wed Jun 29, 2011 12:32 am
I was rear ended at a stop light by a sarasota county (florida) van that was rear ended by a rented vehicle (alamo). both my vehicle and the county van were at a complete stop for over a minute. after several days of getting the run around from alamo, they gave me the adjuster of the insurance company (travelers) that the renter has because the renter did not purchase alamo's insurance. Travelers is now giving me the run around and telling me that they might not cover the claim because the renter has been in several accidents in the last couple months. What happens if travelers denies the claim? Who do I have to sue to get my vehicle repaired? It is going on 3 weeks now and alamo, travelers, and my own insurance company (geico) keep pointing the finger at each other. frustrating!
Posted: Wed Jun 29, 2011 02:18 am Post Subject:
Travelers is now giving me the run around and telling me that they might not cover the claim because the renter has been in several accidents in the last couple months.
This does not make sense but I also think it's not what they said and/or meant. They can't deny a person coverage just because they had a few accidents. I also don't think that any carrier would even think along these lines.What happens if travelers denies the claim?
You go back to your own collision coverage if you have it for your property damage. Alamo is the owner of the vehicle and as such, in FL, they can be held just as responsible as the driver.Who do I have to sue to get my vehicle repaired?
The driver and owner... if you want to go that route which I don't think is needed.It is going on 3 weeks now and alamo, travelers, and my own insurance company (geico) keep pointing the finger at each other
You don't mention any injury so I'm just going to assume that there are none. My recommendation... if you have collision coverage, file under your own policy and have your carrier deal with recovery. You will be subject to your deductible but GEICO should seek recovery for this as well. If you don't have collision coverage, put both Travelers and Alamo on notice to pay your claim within 14 or 30 days. Let them know you will file suit (you can file in small claims court) if one of them won't pay and you intend to seek much more then your claim is right now. If Alamo points the finger at the renter as being liable and that they have a rental contract that makes the renter liable, mention to them that this is great for them as they have an easy claim against their renter... but that the rental contract is between them and their renter... it does not concern you. In FL Alamo is just as liable as the renter. Tell Alamo that they "need" to pay your claim and seek recovery from their renter. Between you and this forum, you are just going to tell both companies that they need to pay now... just put your po-ker face on and tell both companies this.You also need to file a complaint with the FL Dept of Financial Services. Do this now... against both Travelers and Alamo (I think Alamo is self insured with another company just handling their claims). This will get the ball rolling. You then also need to send a certified letter to both giving they both that 14 or 30 days to pay the claim.
If you have collision coverage and GEICO has not offered to address your loss then you need to kick GEICO in the nads as they would have been obligated to offer to handle the claim.
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