Questionmy son was rear ended and car was in shop for 25 days. we rented him a car and were charged $27 day for car $25 day young driver fee. My Allstate won't cover it, they say policy limit is $30 day, even though we have son listed and pay for 19 year old. Liberty Mutual, their insurance, won't pay saying since my husband owns the car, they don't have to pay it. Both carriers said we should give him one of our cars. My husband's is a company car, so we can't. Mine is a brand new Audi Q5 and I don't let him drive it to begin with, let alone drive it every day into the Bronx to go to work. Not an option. We had to rent him a car along with the fees. We have paid the $716.22 out of pocket. I think Liberty should pay as it is part of the expense of the accident, to no avail. What recourse do I have?
AnswerI agree with you. I think Liberty Mutual should pay the cost because your son was a regular user of the vehicle. Your husband owns it, but your son is a user, and he needed a replacement. Even though the car was rented in your son's name, your husband paid for it, so he incurred the financial cost.
You should make this argument to the claim rep. If no luck, ask to speak to the claim supervisor. If that does not work, either go to the next level of management, or contact the state insurance department.
Worst case scenario, you could sue the other driver in small claims court. Liberty Mutual would be required to assign an attorney to defend their driver in court, and the likelihood is they would just pay you to make it go away rather than do this. Even if you go to small claims court trial, you will probably win.
