Auto Insurance Claims: Auto insurance claim and what to question, auto insurance claim, tinted windows

Question
Hi there, I was involved in an accident on Jan 10,08. The other driver ran the stop sign and hit me. Her insurance company has been really hard to work with from day one. The other driver admitted to running the stop sign and was given a citation. When I filed the report on Friday I requested a rental vehicle because my car wasn't usable. They told me no because they were not accepting liability. So I called my insurance and they said since I wasn't at fault I needed to get the rental from the other insurance. I finally fought tooth and nail and got a car. That same day the body shop called to let me know the car was totaled mind you I havent heard for the adjuster from the other parties insurance. I waited until Tuesday of the following week and called back and not a sole knew what was going on. On Wednesday evening a lady called stating she was mailing me a check to get the car fixed. I advised her that the body shop stated it was totaled. She said she would call me back. That was Wednesday then on this monday the adjuster calls back to tell me it is a total loss and that I need to turn in the rent a car Tuesday????  Mind you they haven't even mailed the check to Ford or myself. I've requested that I have the rent a car longer because I dont even have the check in hand to get something else she extended it through Friday which is today but didnt mail the check until yesterday. Now my father wants me to ask for the rent a car through the weekend and she told me no that technically she wasnt suppose to extend the rent a car to Friday. I dont understand that? Is that correct? and they didnt include things that were added to the car such as the spoiler that I paid extra for and tinted windows. Isnt that added to the price of the vehicle ? because i did pay extra for the sports package and the car is 2006? Its a very poor company in my opinion she doesnt explain things, hasn't even taken the time to get my statement on property damage that was in the vehicle like my lap top and everytime i bring it up she cuts me off. I kind of feel like I'm being taken advantage of. What do you suggest?

Answer
Hi Angelica-

In my opinion they should give you the rental car until you recieve the check.  You can prove that you have a financial loss until then since you have not been able to have use of your car.  I'm pretty sure you would win that case if you took them to small claims court.  I would pay for it out of pocket if I had to and then threaten legal action and take it to small claims if I had to.  Same thing with the sports package or the additional equipment, you may need to dispute the value of the car.  Tinted windows may not add a lot of value, but if you can document the additional cost of the sports package, it should be included. I would think if the accident destroyed your laptop, the cost to replace it with a like item should be covered under his property damage as well.  

Keep in mind that since the people you are talking to are not there to serve you.  Their primary job is to get you to settle for as little as possible.  It sounds like you need to write them a letter and send it certified mail with a demand for the difference in what they give you and what the fair value is.  Then document everything as far as what it costs you to make it right and then go to small claims court for the difference if you don't get it.  

Good Luck

Sheldon Maughan
Sacramento, CA