QuestionOne month ago my car was backed into while sitting stationary waiting to get into my apt complex. The driver was apparently insured under his mother's insurance, Allstate. He was however driving his grandparents' car at the time which was insured under Farm Bureau. A claim was filed with Farm Bureau. My car was taken to the shop and deemed not driveable after inspecting damages.
I was not issued a rental car as the Farm Bureau agent said they could not claim responsibility until they had proper documentation from Allstate. I called back periodically to only receive the same response. Finally I took it upon myself to call Allstate. A claim had not yet been filed. I therefore filed a claim so they could obtain an estimate and contact Farm Bureau. In the meantime while the two companies were disputing who would cover my repair, I obtained a rental car. One month later Allstate is agreeing to process my claim. Due to the excessive wait time, I decided to file a claim through my insurance company. I do not have car rental coverage under my policy so that was placed on my card. I was informed by the Allstate agent that because "I" waited so long to have my repair done and did not process the claim through my insurance immediately after obtaining an estimate, I would not be reimbursed for the full rental cost which is currently $900. This is not fair in the least. What can I do to fight this???
Answer Hello Jon,
The answer is basic - they owe you for your loss!
Simply because the 2 insurance companies could not get their act together does not mean that you should have to pay for incompetence. You need to insist on payment for your rental. If the adjuster will not cooperate, take the issue to the claims manager. To find that person, call the central number with your claim number and ask for the name and contact information for the manager. I would suggest that while you can call and speak to the manager directly, it is still a very good idea to document the events in written correspondence.
The point is, you ended up in this predicament because of the negligence of their driver. Accordingly, they owe you for the loss. Yes, a month is along time to pay for rental, but the delay is not your fault. That needs to be emphasized. They cannot now refuse to pay what they owe simply because they dropped the ball. Assuming you are claiming only for the time lost in their delay, they owe the full amount.
If it were me I would not agree to a compromise. I would not agree to pay a part of their share.
These types of practices are inherently unfair and should not be tolerated. Before you even begin to negotiate you might consider contacting your state Dept of Insurance to determine what type of complaint process exists. Knowing exactly how that works, you can inform the adjuster and the manager if necessary that you are fully prepared to complain to the state concerning these unfair practices. And while the DOI cannot intervene directly in individual claims, most insurance companies do not want the state involved, especially if it deals with a pattern of behavior such as this.
Be police yet aggressive and you should be able to get what is due you. And by the way, I always advocate rental coverage. It is very inexpensive and well worth the few extra dollars.
Good luck.
Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
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