Auto Insurance Claims: Insurance Claim, neglect of duty, days of delay

Question
We were in a auto accident on 5/6/06.  We do not have a rental car coverage and we filed a claim on 5/8/06.  The claims adjuster said that she will sent someone to look at the car on 5/10 so the shop can begin their work.  The auto adjustor did not show up until the 5/16 . That is 6 days of delay.  On 5/23 the shop called the adjuster because they found problems with the suspension that were not included in the initial estimate.  The adjuster said she will be there on 5/24 but did not show until 5/31. This is another 7 days delay.  On both ocassions, we were calling almost everyday and she never returned our call.  11 days of delay cost us $550.00 on rental expenses and insurance would not cover it.  How and where do we file for reimbursement for the extra rental charges because of thier neglect of duty? Thank you very much for your time.  

Answer
I'm sorry that you've had to experience these delays from your insurance carrier.
Unfortunately, the insurance company does not legally owe you for loss of use unless you have purchased this coverage with them.  I've never seen an insurance policy with language that promises a specific time frame on settlements.  
Though there may be bad customer service, there is no neglect of duty as that would only apply if they went beyond what the law demands for a settlement.  In my state it is 60 days.

If you've been insured with the company for a long time, a manager may be willing to help you out with the rental, but it would be for customer service reasons only.
Now, if you are using one of the direct repair facilities that they may have an arrangement with, that may help your case even more.  However, I doubt that is the case because with a direct repair facility, there is no need to wait for an adjuster so the delay wouldn't have occurred to start with.  If they recommended a shop to you and you declined in favor of your own shop, then they are not likely going to be willing to do much here.  Their reasoning is that a faster alternative may have been presented and it was the customer's choice to go elsewhere.  

That is why I always try to get customers to go to our DRP so these issues don't come up later.  On top of that, they get not only the shop warranty, but the insurance company warranty for life and because of the business relationship between the insurance company and the shop, the shop is more willing to pick up rental if there is a delay on that end.

Good luck!