by nancy481 » Thu May 24, 2012 03:03 pm
The car that rear ended me is paying for it but they are telling me that I have to pay the additional collision waiver that I have to buy myself. The body shop claims that they should cover it. The accident happened in nj
Posted: Thu May 24, 2012 11:51 pm Post Subject:
they are telling me that I have to pay the additional collision waiver that I have to buy myself
If someone rear-ended your vehicle, they are probably 100% at fault, and you would not have to pay anything for the repairs or a rental car while your vehicle was being repaired. Assumes the other party has insurance.
Posted: Fri May 25, 2012 01:23 am Post Subject:
I agree with Max, in a rear end collision the striking vehicle is ordinarily responsible for all reasonable economic damages they have caused. This principle applies to vehicle rentals during the repair period, although you have a duty to try to minimize your damages. Even if you don’t rent a replacement vehicle, you may still be entitled to loss of use damages (i.e. compensation for any substantial personal inconvenience due to the lack of your automobile). See, e.g., Camaraza v. Bellavia Buick Corp., 523 A. 2d 669 - NJ: Appellate Div. 1987 at this hyperlink: http://scholar.google.com/scholar_case?case=1872876199883001134&hl=en&as_sdt=2&as_vis=1&oi=scholarr
Posted: Fri May 25, 2012 09:16 am Post Subject:
I am agree with Max too...
Posted: Fri May 25, 2012 02:10 pm Post Subject:
I was hoping to determine whether or not they have to reimburse me for the $18.00 per day I was charged for the collision damage coverage I was forced to buy since I don;t have full coverage. They are willing to pay only the cost of the rental car itself.
Posted: Fri May 25, 2012 06:26 pm Post Subject:
I was hoping to determine whether or not they have to reimburse me for the $18.00 per day I was charged for the collision damage coverage
Yes, you are entitled to the full "reasonable" cost of the rental. You submit the total invoice for the rental period as part of your claim for damages. If the insurance company fails/refuses to pay, you sue the driver of the vehicle that collided with yours in small claims court for that same amount. Don't sign off on an incomplete claims payment -- or clearly note that you are disputing the full value of the loss/damages not yet paid.
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