Question8/3 Valet driver wrecked my car upon its return...driver was MIA for 1 hr till police arrived and demanded his whereabouts 1hr he surfaced.The police initiated a traffic collision information card. Field rep arrived took pictures and completed claim form but insurance information (address and phone #)not provided. only policy # and name. Claim made with my insurance co. and rental obtained while car at collision center awaiting adjusters arrival. But my Ins denied in 4 days related to "bailment" clause. Valet's Claims admin responded 3 days later assumed insurance co. to pay for car and rental, indicated they were "self Insured" and haven't gotten a statement from driver . But haven't authorized direct payment to date. 8/7 Valet's Claims Admin request collision center to fax estimate...complete inspection done almost $4700 for parts materials and 63hrs of labor. Sent 8/8. 8/10 Valet Co. sent an "adjuster" to take pictures. Meanwhile I have made several calls repeatedly to the Valet's claims dept. with no answer just voicemail as well as to valet company in which is screened by receptionist who claims she forwards messages. Valet's Claims admin called 8/12 with and update to f/u on 8/13. 8/13 they accused the collision center of hiking up rates because they're visual inspections estimate was approx. $1900 less at approx. $2700. They offered to tow my care to their location for repair I refused. I notified the collision center that I am not authorizing any removal because it is over a week and this incident has incurred storage charges @$70/day # over $700# and $41/day #over $500# of car rental fees. I only have 1 more extension to rent car. I contacted collision center and was informed them to please check their figures and compare parts and labor fees...they indicated that the "adjuster" didn't and refused to open car door to thoroughly assess and did not include door jam in estimate. They were going to submit a supplement to valet company. My question...how don't know if the accident was reported to DMV, a claim was actually filed with their insurance co, should I get the restaurant involved, am I responsible for the other driver's damages, do I have a right to choose location to have my car repaired, can the Valet company deny my claim, do they have a right to delay payment of rental and incur unreasonable charges and is this a small claims matter?????? I'm afraid and my care is a 2007 Dodge Caliber it's all I have, I'm on disability for a medical condition. I have suffered additional stress that is exacerbating my health issues.
Answer Hello SE Stephenson ...
First of all, let's begin by making this far less complicated.
From your explanation, it seems obvious that the valet driver was responsible for the accident. So, no, they cannot deny your claim.
Let's focus on one basic - the insurance carrier for the valet that was driving your car is 100% responsible for all of your damages. They are also 100% responsible for any other damages that might have occurred to another car in the accident.
The responsible company is also 100% responsible for paying 100% of your rental car expenses during the period it takes THEM to have the car repaired. Your rental coverage SHOULD NOT be involved. If your company is paying for rental, it is their responsibility to subrogate the responsible company for those payments so that the money is returned to them including any out of pockets on your part. You need to cease rental benefits from your policy and IMMEDIATELY demand rental coverages from the responsible carrier.
Another basic: initial estimates are RARELY accurate. This is because as the vehicle is torn down for repairs, damage that was not visible originally becomes visible. As your shop has indicated, this is a routine - actually a daily - process that is handled by supplements. Any adjuster that complains that the shop is "hiking up rates" because additional damages are found has no clue of this standard and ordinary process. Rates, by the way, are pretty much standardized and are ordinarily not the problem.
If the responsible carrier chooses to hold up the process for whatever the reason, they are responsible for paying for your rental for as long as they hold up the process.
Under no circumstances are you required to move your car to their "preferred shop". You can pick whatever shop you choose. It is the adjuster's responsibility to negotiate a fair and equitable settlement that includes repair of all of your damages. And, by the way, while it is great to be proactive in your claim,it is not your responsibility to do the adjuster's job. If your adjuster is slow, doesn't understand the process, or is negotiating with the shop, that adjuster must authorize payment of your rental fees during that process. If he/she does not you will need to contact a supervisor or manager.
As for whether or not the accident was reported to DMV, that is something you will need to research on your own by contacting your CA DMV. Regardless, it has no bearing on the duty of the at fault carrier to make you whole again.
There is no reason to take the time or the expense of taking this to small claims court. They have a duty to repair all of your damages, and to pay for your rental during the repair process. Case closed.
As for exacerbation of your health issues, that is of no bearing in a PD claim. If you suffer a serious set back to your health as a direct result of this incident, you will need to confer with an attorney to see what, if any, options you might have.
Stay active, but don't try to adjust the claim yourself.
Good luck
Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
