Auto Insurance Claims: Fault in Arizona, mail return receipt, certified mail

Question
My son was rear ended by a semi-truck on an Arizona freeway.  He did not have any collision coverage and so his insurance company has declined to become involved.  We have contacted an attorney, who also is not interested in the property claim. So we are dealing with the other party's insurance company directly. We've asked them to authorize a rental car and they have declined pending the adjustor's investigation. I spoke to him on the phone and he intimated that they may try to claim my son was partially at fault. I told him my son needed a car in order to work and he said that it was my son's duty to mitigate any damages by using public transportation (there is none) or getting rides with co-workers etc.  Do we have any rights here?  How long can they legally drag their feet on this claim?  The adjustor tried to pump me for information about my son's medical and whether we were hiring an attorney or not.  I declined to answer.

Answer
Hi JJ2U,

You need to take control of this situation. Stop talking to the adjuster on the phone. You need to prepare a letter to be sent by certified mail/return receipt requested. In the letter you want to say that the other driver is 100% at fault and that you expect them to compensate you for the full cost of the repairs, a rental car and the diminished value of your sons car. In your letter you need to also demand that they only respond to you in writing with their position. Before sending the letter you need to get the car to a body shop that you would want to do the work. Have them inspect the car and write a repair estimate. Send the estimate with your letter. If you have the ability to pay for a rental car, go ahead and rent one and you will demand reimbursement later. Also you will be entitled to be paid for "loss of use" for each day you did not have a rental car at about $15.00 per day.

As for your sons injuries, if you have not yet hired an attorney, you should only hire an attorney that will be willing to assist you with the property damage if you need it. Try Wattel & York in Phoenix.

I hope this helps
Richard Hixenbaugh