Auto Insurance Claims: Car accident, insurance company, insurance companies

Question
I was recently in a car accident. I was stopped at a red light and a kid rear ended me on monday. The kid took full liability. I called both of our insurance companies and made the claim because his dad was too busy on tuesday. I brought my car to a body shop and got an estimate then waited all thursday for the adjuster to come when they said and they never came. Then Monday when i went to take my car to the shop they said I needed to have the adjuster estimate for them to even begin. So I called the insurance company and had to argue with them in order for them to look and tell me that they did in fact have a broken appointment and were not setting up another one for a few more days. So then after a bit more arguing I was told they would send one to the body shop on Tuesday. So Tuesday I re-dropped off my car and got the rental. Now because I was the one who was driving the rental car they said I needed to give them a credit card in my name. Which is ridiculous but apparently policy. Then she says that I need to pay a deposit of $250 which will then be refunded when the insurance company pays. No big deal except I am unemployed and don't have $250 so I run over to my parents and get $250 and put it in the account ok fine. Not a big deal. Then I wait and wait for the check for the damage to come to my house so I can bring the car back and get my car because like I said I'm unemployed so I don't have the money to pay for the car and neither does my parents. Friday I get a call the car is ready. Now its Wednesday of next week still no check. So I call them and ask them I gave you a week where is my check well I dont know. I argue and then suddenly oh its pending. Then I tell her you need to send that check out because I can't get any more bills. She says there is nothing she can do except inform her supervisor. Supervisor calls me back. They are mailing the check out that night. The check did not get to my house til Saturday. In the mean time I go to call my account to see do I have any money on that account. I have -$335 balance. I freaked out and called customer service they said the rental place charged me twice. I call the rental company and they charged me a second deposit. My insurance is coming out Tuesday night and the only way to make my account positive the amount of money I owe insurance is to pay the fees and I don't have that kind of money. So now I have to call my insurance company and try to stop the withdrawal but it already had been processed. And now the few things I was using to build credit are ruined. My credit is destroyed and I have to start from square one. All because the insurance company has been jerking me around. Do I have a case to sue them. What can i do?

Answer
Whew!  That is a doozie!  

Unfortunately, I don't think you have a case.  I am not an attorney, but I can tell you that your financial situation is your problem, and the insurance company can't be responsible for your finances.  Now, if any of these actions by either the insurance company or the rental agency were deceptive or malicious, there may be a case.  Additionally, if your insurance breached their insuring agreement with you, then you may have a case.  

I have to say that your case would require a detailed legal analysis and plenty of research.  Your question is better posed to an attorney.  I am sorry I could not be of better assistance, but your case is very complicated legally even though it may seem simply.  Look up "mitigate".  That you didn't mitigate your damages is the most likely defense the rental and insurance companies will use.


JP