by bsdabest » Mon May 17, 2010 12:45 pm
My car was driven by a person whom was given permission to drive (in which several weeks later and i mean several) my claim was denied to fix my car but not quite sure of the others.
In the meantime, my insurance company told me and the rental car co. I had "rental" and would be reimbursed since they didn't take care of rentals upfront. So I duped & was denied over $650 into rental reimbursement.
Can I sue this two star insurance company in small claims court?
In the meantime, my insurance company told me and the rental car co. I had "rental" and would be reimbursed since they didn't take care of rentals upfront. So I duped & was denied over $650 into rental reimbursement.
Can I sue this two star insurance company in small claims court?
Posted: Mon May 17, 2010 02:24 pm Post Subject:
If they deny your claim for cause, they are denying all coverages that your policy would normally afford in the event of an accident, rental is one of those coverages. If you are OK with the claim being denied you will have to live with the rental situation as well.
Small claims court? I guess you can sue but again if they denied for legitimate grounds (Mis Rep etc..) I don't think you will win.
Posted: Mon May 17, 2010 02:46 pm Post Subject:
Three words... huh, huh, and huh????
Where did two insurance companies come into this? Why was the claim denied? Was it in writing? If there were two carriers did they both deny the claim?
You can sue anyone for anything.
Posted: Tue May 18, 2010 04:24 pm Post Subject:
bsdabest ,
My car was driven by a person whom was given permission to drive (in which several weeks later and i mean several) my claim was denied to fix my car but not quite sure of the others.
In the meantime, my insurance company told me and the rental car co. I had "rental" and would be reimbursed since they didn't take care of rentals upfront. So I duped & was denied over $650 into rental reimbursement.
Can I sue this two star insurance company in small claims court?
There is a Legal term I've read about that may be of some help. Its called "Estoppel"
My (non legal) understanding is....
because you relied on the representations of the addressee to one's personal detriment (by incurring the costs and expenses noted above), one is demanding what was once offered..
I've included a link found by Searching the term "Estoppel"
http://dictionary.reference.com/browse/estoppel
Posted: Tue May 18, 2010 05:11 pm Post Subject:
Estopple really would not apply here. Estopple applies when an insurance company does not reserve their rights under the policy... they give up that right. For example, if the policy allows the insurance company to do something and they fail to do this in a timely manner then they have waived their rights under the policy to take that action.
In this case there was never an action available that was not taken. The adjuster did not know that the insured was paying for LDW.
Posted: Tue May 18, 2010 07:06 pm Post Subject: Re: denied rental re-imb
I should have stressed that the driver was at fault he swerved to avoid an accident yet instead created one. NO I'm not OK with them denying reimb especially after they were adamant that i was good for it!!! Again the rental car company called and was told the same thing. SO HOW was I to know any different especially the part where {they are denying ALL coverages that your policy would normally afford .. event ..accident}. Yes it is written in STONE under policy endorsement CP.003 & CP013 as an unlisted driver. May i ask what is LDW?
Posted: Tue May 18, 2010 09:23 pm Post Subject:
I'm still confused...
Okay... it appears to me that the other carrier denied liability so they are stating that they won't pay for the rental. Who told you to get a rental and who told you they would pay for it? You seem to indicate that the other person's insurance company told you to get a rental but then you also mention it written in your policy.
In the meantime, my insurance company told me and the rental car co. I had "rental" and would be reimbursed since they didn't take care of rentals upfront. ]
If you have rental coverage on your policy, why is your carrier not paying? Do you not have rental yet your carrier told you and the rental company that you did? If so, when you asked your carrier about this what did they say?LDW is insurance through the rental company. I mentioned that by mistake.
Posted: Tue May 18, 2010 11:32 pm Post Subject:
OP, we need to slow this down and start at square one..
--
who denied your claim? Your carrier? The drivers carrier? who? the other vehicles carrier? and when they denied it (not a denial if not in writing)..what was the reason for the denial? They HAVE to spell this out...
Just because a carrier says, 'yes, bsdabest has rental coverage on their policy' doesn't mean the claim will be paid...if your collision claim was denied, (by your carrier) then the rental would be as well, did they likewise deny the other vehicles damage?...another question is..why or how is it that you were in a rental car long enough to rack up 650.00? Where is your car? Is it being repaired? Have they told you it totaled?
you say,
my claim was denied to fix my car but not quite sure of the others.
So your carrier denied your collision claim, but you aren't sure if the damage to the other vehicles was denied or not? is that what you are saying? If so you might want to find out about that, since you most likely will be on the hook for this damage as well...When they denied your vehicle damage claim (collision coverage) what did that letter say? And why would you think that they would cover the rental if the collision coverage was denied?
Any chance the person driving your vehicle was an 'excluded' driver on your policy?
There are alot of holes in this post/thread...Please provide additional requested information so we can be of greater assistance to you.
Posted: Thu May 27, 2010 01:14 pm Post Subject: So I duped & was denied over $650 into rental reimbursem
my carrier my insurance company, denied the claim!!!!!!! Excuse me the last time i checked DUPED means that I lost not gained or racked back & was denied over $650 into rental reimbursement,
Posted: Thu May 27, 2010 04:04 pm Post Subject:
Again...
and when they denied it (not a denial if not in writing)..what was the reason for the denial? They HAVE to spell this out...
Posted: Thu May 27, 2010 10:12 pm Post Subject:
bsda...simmer down... :roll:
my carrier my insurance company, denied the claim!!!!!!! Excuse me the last time i checked DUPED means that I lost not gained or racked back & was denied over $650 into rental reimbursement,
We didn't deny it...and you've got two adjusters with about 45yrs or better experience asking you what the WRITTEN denial said...If it's not in writing it was not denied...please post what the denial said, (reason for denying claim). again..........OK, skip the rental for a second..you said that YOUR carrier,
my claim was denied to fix my car but not quite sure of the others
If they denied your collision claim (damage to your car)...like you said, 'why' was this denied? Was the policy not in force? Had it lapsed? I can't imagine, that you'd have rental without having collision coverage..We NEED to know why this claim was denied to help you...Why can't you just give us the reason the collision/rental claims were denied.Also 'who' EXACTLY told the rental car company that you had/have rental? Agent, adjuster, agents secretary who?
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