Auto Insurance Claims: rental car dispute, insurance expert, claim settlement

Question
Hi,

Thank you in advance for your help.
My question is about being reimbursed for rental car. The incident was a hit and run and after filing the police report we were able to find the other party. Their insurance company agreed to take full liability. The damage was to the rear of my car. It is a small SUV toyota rav4 and rear wheels are fairly close to the back. I was able to drive my car to the shop, however do to a severe damage and car behaving not as usual on the road I felt unsafe driving it. I have two small kids and did not want to take any chances driving the car. I consulted with auto body mechanic who said that he also believes the car is not safe to drive and would not guaranty that it is. I also believe that he made that statement to the insurance adjustor.

At this point insurance company is denying me a full coverage of rental. They state that the car was drivable regardless of it not being safe. They say that they might only cover it for 4 day rental based on estimated hours of repair. However, it took longer for the actual repair job to be completed because parts had to be ordered by the body shop.

My question is am I eligible for full car rental coverage from the day it was brought to the shop till it was fixed. If I am, how should I dispute that with the insurance company? Also, in case of failure to reach reasonable settlement agreement, do you think it is possible and make sense to file a small claim against insurance or against private party that caused the damage?

Thank you for your advice!
Edward

Answer
Hello Edward,

First, I apologize for the delay. My computer was in the shop!  Really.

Now on to more important matters - your damaged vehicle.

The at fault carrier MUST pay you in full for the rental.  Period.  

If your car is not safe to drive - it is not safe to drive.  It is not up to the adjuster to decide if it is safe to drive.  Quite frankly this appalling.

As for time to repair, any insurance adjuster who has any degree of knowledge should understand that repair estimates are estimates.  The actual time to repair can vary depending on the ordering of parts, the extent of additional damage that was not visible before the tear down, etc.

What you need to do is to call the insurance company main number.  Give them the claim number and ask for the name and number of the manager over that adjuster.  You then need to complain directly to that manager.  If a phone call is met with resistance, follow up with return receipt correspondence, fax, or email.

Unquestionably this is a case of an adjuster working against standards and obligations, and you need to get this done properly. And, no, you do not spend your money taking action against an insurance company or its insured driver for benefits that are legitimately due to you!

Jane Pytel

http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com