Auto Insurance Claims: Proof for Loss of Use, rental car company, jersey case

Question
Hi Mr. Hixenbaugh,

On a rainy day last year, I skidded at a stop and rear ended a rental van.  The van's rear bumper was slightly scratched on the underside of the chrome.  The rental van company has asked my insurance company to pay for damages, loss of use and management fees.  

While my insurance company has paid for the damages, they insist that the rental company has to provide proof that the rental company had business that they turned away due to the loss of use of the van and that they aren't entitled to management fees.  On the other hand, the claims company representing the rental company says they are entitled to loss of use of the vehicle regardless and keep referring me to New Jersey case law as proof.  When I try to ask for a specific passage or case to refer to, the representative at the claims company says he is not an attorney and doesn't know where to look.  I can't tell whether my insurance company or the rental company's claims are giving me the run around.  What, if anything, does my insurance company need in order to take care of the proof of loss and management fees?

Answer
Hi Chris,

Your insurance company is correct. They do not owe for management fees. Their costs are just a cost of doing business. As far as the loss of use, the rental car company would have to show their rental logs for every day the vehicle was in the shop to prove that they had rented every vehicle in their fleet and had to turn away business as a result.  As for the rental company claims adjuster, you should tell him that since he is not an attorney he should not be quoting case law that he is not intimately familiar with.  If they are claiming that you owe something based on some law, they should at least be able to provide you with the statute number or the case law cite so that you can look it up and varify it your self.

Don't let these guys bully you. Anything you receive from them should be turned over to your insurance company. If you receive any calls you should refer them to your insurance company and hang up.

I hope this helps
Richard Hixenbaugh