Auto Insurance Claims: denied claim, claims suit, uninsured motorist claim


Question
I was recently in an accident.  The other driver was clearly at fault according to the police officer and driving a rental car.  She was not on the rental car agreement, so her insurance has denied my claim.  The police officer that was called to the scene did not get her phone number, so graciously, he went by her house when I told him the insurance companies were unable to get in touch with her.  He said the house is for sale, unoccupied and there are several legal papers attached to the front door indicating that she and her father are having financial problems.  The damage is less than my deductible, and my insurance company is "looking into" paying the claim as an Uninsured Motorist claim.  Meanwhile I am driving around on a bent rim, and I do not have the $1,000 lying around that it will cost to pay my deductible.  What options do I have?  (Yes, I already lowered my deductible for the future.)

Answer
Hmm.  What I would do is pursue the rental company.  They are the legal owners of the vehicle.  If the person on the contract gave permission to the other person, then permission is implied.  If the rental company still refuses, I'd pursue the person on the contract.  Don't be afraid to go ahead and file a small claims suit naming the rental company, the driver and the person on the contract.  That alone make shake someone into paying.

Do also keep in mind that if further damage results from continuing to drive the vehicle in a damaged state, only you will be legally responsible for that additional damage.

Good luck!