by Arielucion » Fri Aug 13, 2010 02:46 am
I was hit in an accident, the other person took the fault, she was a tourist in a rental, i call my insurance and the agent said that if the other driver driver took the fault was not necessary to call the police, i provide my insurance with the other driver's information. It's been two weeks now, my car haven't been fixed and now the rental car insurance wants me to pay for their car as well. Can i sue my insurance for negligence and bad faith service?
Posted: Fri Aug 13, 2010 04:54 am Post Subject:
Sure... but it does not seem that you have even called to find out the status.
Do you have collision coverage on a vehicle you own? If not, then you don't have coverage to address the damage to the rental. Per the rental contract, you are responsible for the damage to the rental car regardless of how it happened. Granted, rental companies will usually first go after the at fault party... but they don't need to.
Your agent gave you _very_ bad advice! If possible, it's always good to have the police investigate. What is to prevent the other person from changing their mind about who was at fault later? I can tell you... it happens _all of the time_!
You need to call your adjuster and find out the status of the claim. It's even possible that the rental car company has not even submitted a bill to them to be paid. If you have collision coverage it will have a deductible that you will need to pay to the rental company. Your company can tell you the liability status of the claim.
(I find it odd/funny that people ask about suing someone when they have not even picked up the phone to ask want to know about :shock: . Suing someone is slightly more involved then just showing up in a courthouse)
Posted: Fri Aug 13, 2010 12:44 pm Post Subject:
It's always better to call one's adjuster and discuss a claim. A legal suit will force you to pay for the attorney's fee which would worth 33% of the settlement amount. I'm sure you won't choose to go that way unless you have no options left.
Posted: Fri Aug 13, 2010 03:53 pm Post Subject:
Do you have collision coverage on a vehicle you own? If not, then you don't have coverage to address the damage to the rental. Per the rental contract, you are responsible for the damage to the rental car regardless of how it happened. Granted, rental companies will usually first go after the at fault party... but they don't need to.
tcope, I think you misread the post. It was the "at fault" party who was driving the rental not the OP. If the OP is insured (liability is in every policy), he has coverage for damage to the rental car, if he was at fault. We both know that.
But, yes, it's always frustrating to read here how many people want to SUE their insurance companies when they haven't even tried to find out what's going on in the first place. I suppose we have Jacoby & Meyers to thank for all the lawyer advertising on TV and radio that gets people whipped up into a frenzy over how much money they can get if they sue someone else.
Don't think I've ever seen/heard a lawyer's ad that tells us what their winning percentage is AND the what average dollar amount of a "win" they obtain is. Those disclosures alone would probably shut down the incoming phone calls.
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