by Guest » Sun Aug 28, 2011 09:09 pm
I was in accident earlier this month and my less than 2 year old car was struck by someone running a red light. The person was charged at the scene for running a red light and there were witnesses to the accident who are willing to testify that he ran the light. Here's my problem. I contacted both my insurance company and there insurance company. I heard from my insurer fairly soon after I filed a claim. The other insurance company didn't contact me for a week and sent me a letter stating that my car was a total loss but there were not going to accept liability because they were still investigating. After almost another week they finally accepted liability. In the mean time my insurance company reviewed my vehicle and also deemed it a total loss. There offer came in lower but after speaking with them and proving that the mileage is less than 20K the re-evaluated my car and came back a little higher. Of course they would take my deductible and then get that back from the other persons insurance. To date the other company has not offered any rental at all. I finally heard from the other persons insurance and there offer comes in lower than my insurance company. I'm being pushed to make a decision on whether to pursue my claim with my insurance company or with the other persons.
My question is should I push for the other person insurance company to re-evaluate my cost based on the fact that they probably don't realize the mileage is lower than they have and they don't know of all the options on the car. Also can I ask that they should pay me two weeks of what a rental would have cost since as of now I don't have a rental from my insurance company and have been getting rides everywhere I need to go which has been a major inconvenience. I need to make a decision soon so if anyone could reply I would greatly appreciate it.
My question is should I push for the other person insurance company to re-evaluate my cost based on the fact that they probably don't realize the mileage is lower than they have and they don't know of all the options on the car. Also can I ask that they should pay me two weeks of what a rental would have cost since as of now I don't have a rental from my insurance company and have been getting rides everywhere I need to go which has been a major inconvenience. I need to make a decision soon so if anyone could reply I would greatly appreciate it.
Posted: Mon Aug 29, 2011 04:59 am Post Subject:
Well it can really get tough when you have to communicate with a third party insurer. It will try to protect its own interest and its own customers, before yours.
However, as you’ve mentioned that there are “witnesses to the accident who are willing to testify”, it may be helpful for you to support your claims against the other driver’s fault.
The other insurance company is deemed to give you liability coverage, that is, bodily injury and property damage coverage.
As your car has been totaled in the accident, the other insurer is supposed to pay you for your total loss. If you think they are offering too less, you may ask them to re-evaluate your car based on its pre-accident conditions.
You can also consult your own insurer and let them communicate to the third party, as they would handle it professionally. You may even consider to Subrogate.
As for getting rental reimbursement from the other party, I doubt if that is possible. If you don’t have rental reimbursement coverage under your own insurer, I think you’ll need to bare it yourself.
Posted: Mon Aug 29, 2011 01:59 pm Post Subject:
As for getting rental reimbursement from the other party, I doubt if that is possible. If you don’t have rental reimbursement coverage under your own insurer, I think you’ll need to bare it yourself.
Not true. One does not need to carry rental reimbursement on their own PAP in order to receive coverage from an at fault third party's insurer.
To the OP. Call the third party's insurer and let them know if they don't authorize your rental vehicle today, you will rent the most expensive vehicle you can find and sue their insured for your loss. In small claims court, you will have a much better than 50-50 chance of winning that claim, and the insurance company or the driverwill have to pay it.
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