What to do when both parties ?

by Cleumadaop » Tue Oct 12, 2010 08:59 pm

Had a car accident. young man ran red light, may have been intoxicated. My car had been paid off, so I was free of any car note. My car and the other party are insured by same carrier (nationwide). first thing I found out was I did not have rental car coverage. But the claims person said the other party did so his coverage would pay for rental. when I went to get a car at the rental place (enterpise), the car given to me was too small for my body type, to get a car I then had to pay $5 a day for a car that was comfortable due to my weight. Without any formal notice I was called told that a check for $5000 was being sent, that I had to turn the rental in immediately or pay $30 per day rental. Have not received any money yet? What is my recourse here?

Total Comments: 2

Posted: Wed Oct 13, 2010 09:30 pm Post Subject:

It sounds a bit odd, but if the $5000 is a fair payment for the damage to your vehicle, it might make some sense. But then again, until your vehicle is repaired, you are entitled to the rental vehicle as a substitute for your own.

I would call the claims department and speak to a supervisor about the timing of the payment and lack of communication. Try to come to some agreement over the phone. The call will be recorded, but you should ask for a letter confirming the details of the call for your records.

Posted: Wed Oct 13, 2010 10:00 pm Post Subject:

I think you left a lot out of your post. I think your vehicle is a total loss and I'm guessing you were told about this well before the check was sent out. If it was a total loss, the carrier would need the title to your vehicle. Was all of this discussed while ago? if a vehicle is a total loss, rental is owed until an offer is made. Like it or not (I don't) rental can be cut off at that time. Most insurance companies will extend the rental for a few days past when the offer is made but 3-4 days is typical.

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