by ceene23 » Thu Mar 19, 2009 01:35 am
Background: I live in CA and was hit by a car on the freeway. He was severely injured and was taken away in an ambulance. It has been 2 weeks and I don't know his name, condition or if he had insurance. I requested a copy of the police report and they say it will be another week.
I called my insurance after the accident and they put me in a rental. My car was declared a total loss and a settlement offer is due any day. They will only pay for the rental for 5 more days. Can I contact the at fault driver's insurance and request that they put me in a rental car? (The settlement offer will be short of what I owe on the car and I don't have GAP Insurance. So I will need time get financially ready to buy a car.)
Any assistance is appreciated.
I called my insurance after the accident and they put me in a rental. My car was declared a total loss and a settlement offer is due any day. They will only pay for the rental for 5 more days. Can I contact the at fault driver's insurance and request that they put me in a rental car? (The settlement offer will be short of what I owe on the car and I don't have GAP Insurance. So I will need time get financially ready to buy a car.)
Any assistance is appreciated.
Posted: Thu Mar 19, 2009 09:17 am Post Subject:
Hi, I think first you are required to find out about the other driver, because you'd need his insurance information to file the claim. Most insurer would have the rental reimbursement coverage that would cover your rental expenses.
Posted: Thu Mar 19, 2009 11:57 am Post Subject:
You can call the other carrier... but they won't pay for additional rental.
Your insurance company is assuming your right of recovery against the other person's insurance. When you file your claim under your own policy, you loose your right of recovery for anything your own insurance policy is addressing.
Rental is only owed by the at-fault party until an offer is made to address your loss. That is, once the total loss offer is made (assuming its made in a reasonable time frame) rental is no longer owed. Most carriers will extend the rental coverage an additional 2-4 days but this is not required (I just got done offering someone 7 days rental after I made an offer, I denied a further extension and they called my manager and got 2 more days).
Part of your problem is that you owe more then your vehicle is worth. As such, you may not be able to replace the vehicle right away. But this problem is not one of the insurance companies. They have nothing to do with your current financial situation.
Your own carrier should not be setting a limit on the rental until they make an offer but they should let you know that they will only pay for x number of days after they have made the offer. This may be the same number of days but it also may not.
Three weeks for the police to complete an accident report... even if there were injuries? That is just way too long. This should not affect you as you are filing the claim under your own policy but that is way too long. It should take no more then 10 days.
Posted: Mon Mar 30, 2009 07:28 pm Post Subject:
I had a question similar to that of OP so I thought that I would post here. My car was hit by a drunk driver while it was parked in my driveway. He was arrested and I didn't get his ins information. The police said it would take 1 or two days to get the police report, that was 7 days ago. I've filed a claim with my ins co. and they are repairing my car - I have 400 deductible and hopefully I will get that back from the other ins co.
My question is that since I have not able to use my car for the past week and probably for the next two weeks in the future while it is being repaid. Can I recover for this from the other ins co? I don't think I'll need a rental as I can probably use my parents car for the time but the way I see it I (my parents) should be compensated for the extra and wear and tear that I'm putting on the car. What would be a reasonable amount to ask for?
Posted: Tue Mar 31, 2009 07:47 am Post Subject:
IMO you can demand for 'loss of use' from the responsible driver's isnurance company. Try to figure out the amount that your parents may be losing due to the inavailability of the vehicle. But, since you are gettign your car fixed through your insurer, I doubt if the you would be able to receoved property damage claim from the drunk driver's insurer. Your insurer would subrogate the claim on your behalf.
Posted: Fri Apr 03, 2009 02:32 pm Post Subject:
What would be a reasonable amount to ask for?
I'd start with a number that was a little high but not unreasonable... say $35/day or perhaps $30/day. I'd expect them to pay $25/day to a minimum of $20/day. But $30/day is not out of the question.Posted: Sun Apr 05, 2009 12:07 pm Post Subject:
But $30/day is not out of the question.
I am just curious about how this value is decided? Whether the insurer only take into consideration of the public transport cost for the day or the taxi bill for a single day in order to decide the compensation for the client for not able to avail the usage of car. :?: :?:
Posted: Sun Apr 05, 2009 02:33 pm Post Subject:
How is the amount determined? Well, I'd say it's based off of what a rental car might cost as a starting point but it's also arbitrary. It's an amount that gets the claim settled. If I as a adjuster were to offer $20 and the person asked for $25 to settle, I'd pay the $25. It would probably add $20 or $30 to the overall property damage claim and it would not be worth my time to argue over this amount.
But again I'd say it's based on what a rental car would cost. This could be anywhere from $19 plus tax up to $35 plus tax.
Posted: Mon Feb 07, 2011 03:22 pm Post Subject: Am I, or is the other individual’s insurance company respon
I got into an accident last month, and the insurance company of the other individual involved in the accident accepted liability. They agreed to pay the amount owed for my rental car, but refuse to pay for the additional insurance on the rental car; and I do not want to bare the obligation of using my own insurance on the rental of a car that I was forced to obtain through the negligence of their insured client. So in short, who is reasonable for paying for the insurance on the rental car?
Posted: Mon Feb 07, 2011 04:00 pm Post Subject:
In short, you would be responible.
The insurance company is only responsible for your loss/damages. If your insurance transfers over to the rental then its the same as driving your car. In that you did not want to use your insurance does not mean the other carrier need to pay for the _additional_ insurance.
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