Auto Insurance Claims: Getting the run around??, small claims court, step daughters

Question
Hello.  While driving 9 days ago, my step-daughter was hit by another vehicle.  The police report stated that the other driver was at fault for pulling out into the oncoming traffic.  The other driver's insurance company seems to be dragging their feet as no estimate of damage has been done yet.  They are telling us that they will only pay for a rental car until tomorrow.  And their newest piece of information is that they are determining what % at fault my step-daughter was and they will deduct that % from the final check they send.  Do we have any action we can take on these issues?  My wife needs her car back as we will now be incurring expenses for her to drive a rental car until the estimate is complete and the work gets done.  Thank you for your time.


Answer
Hi Mike,

An at fault persons insurance company can do and say almost anything they want to try to save a little money. You should argue against accepting any percent of liability as this will show as an at-fault event on your step daughters record.  The only alternative you have if they do place blame on her is to file a law suit in small claims court against the other driver and let a judge decide who was at fault.

I hope this helps
Richard Hixenbaugh