Auto Insurance Claims: insurance co. wont pay balance on rental car, small claims court, car contract


Question
About 14 months ago I was the victim of a hit and run in a parking lot.  
Fortunately, there were witnesses who wrote down the name on the side of
the school van and the license plate number.  I contacted the school and their
insurance agreed to repairs and to pay for a rental while my car was in the
shop.   The original estimate for time was for about two weeks.  It took 29
days for my car to be repaired.
Today I got a call from Budget informing that the insurance company will
only pay for the original quote and I am liable for the remainder - over $400.  
Budget claims that I am liable.  
I did sign the rental car contract.
Do I have any recourse?
Ugh.
Thanks.

Answer
Hi Emily-

If you can show that your car was in the shop for the whole time and you took it to the shop the insurance company recommended, I would think you have a pretty good case. If you took it to a different repair shop in order to make a profit on the deal then they will argue that the recommended body shop would have had it done on time and I would tend to agree.
I suggest you contact the insurance company and see what they say and then take it to small claims court.  

Sheldon Maughan
Sacramento, Ca