Fender Bender - Getting a Fair Adjustment - Loss of Use

by iambroker » Tue Nov 06, 2012 08:16 pm

I was a PERMISSIVE driver on a vehicle which was slightly damaged - bumper. The other driver and her insurance company accepted liability for damaging car's bumper. Turns out I was substantially inconvenienced by obtaining estimates, dropping the vehicle at only authorized colission center in area, rental car company headaches and ultimately returning all of the above when my car was ready 4 days later.

It required two separate body shop estimates and then the back and forth to drop off and pick up the car at body shop.

Mercury Adjuster authorized payment to the rental car company, for the cost of the rental. The adjuster authorization was for 1/2 of the daily cost and so I had to deal with that initially...overcame it though.

The damaged passenger vehicle (aka the car I was driving) only provided Liability Insurance to me, as a Permissive Driver. The car is owned by another party and it is provided to me for use as a sales tool for driving to appointments, taking people to lunch in, etc. However, insurance was attached only to the vehicle, and not me -- and because of that it the insurance coverage did not follow me to the rental car. Therefore, I was forced to purchase the Rental Car company's insurance package for each day I was in the car - 4 days.

Mercury adjuster has denied the request to reimburse me for this cost of approximately $100 (Enterprise Rental Car Co charged me about $35 for full insurance). It seems ridiculous for me to be forced to incur hard dollar costs for anything (other than fuel) due to someone else's liability. Now I'm angry, because my time was squandered dealing with these issues.

Yes, I was provided with a rental car, but I could not use MY car for which I owe a monthly obligation.

Is it a reasonable expectation for the other party's insurance to reimburse for:
a) 2 days of my annual salary - away from job responsibility dealing with this?
b) insurance liability cost I paid to rental car company?
c) loss of use of my actual car for x number of days (or is that offset by them providing the rental car?

Can I expect this cost to me to be reimbursed in California? And, secondly, can I expect to be reimbursed for the 8-10 hours of lost time at work because of this?

Thank you,

Total Comments: 1

Posted: Wed Nov 07, 2012 01:48 am Post Subject:

a) 2 days of my annual salary - away from job responsibility dealing with this?


Probably not on a property damage claim as you have the responsibility to prove your loss. This may entail obtaining estimates and a few other things you mentioned. You could claim some of the time you mentioned but 1) they may simply refuse to pay it and you'd need to file suit to move forward or 2) how much time is this really? To add to that, if your employer owns the vehicle then _they_ suffered the property damage loss, not you. If your employer wants to claim that they paid you to do things related to the loss and things not relate to proving your loss, then they can feel free to send in supports for their claim. I doubt they will do this.

b) insurance liability cost I paid to rental car company?

This question was just asked in another post. Some states allow you to collect for this, some don't. The other carrier does not owe to put you in a rental, they owe you for the loss of use of the vehicle you were driving (actually, they owe your employer). Most states bases this payment on the cost of a rental but some don't allow the for the additional expense of something you did not have before... 1st party coverage on the vehicle you are driving. If the rental company requires this, that may between you and the rental company only. Again, some states allow it, some don't.

c) loss of use of my actual car for x number of days (or is that offset by them providing the rental car?

As mentioned above, offset.

Can I expect this cost to me to be reimbursed in California?

Now I'm thinking that you already asked this in the other thread. Please read that thread for the answer.

http://www.ampminsure.org/start/about19236.html

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