yjunebug said:
I live in So. Ca. and on march 5,2001 my car was parked on the street and totaled by a road rage taxi driver. It has been 2 months and days since the accident and have not received a settlement. I am trying to get my insurance company to let me rent a car but they wont allow it,also they have not even contacted the taxi drivers insurance company. i filed a first claim with them today 5/16/2000. what can i do to get a rental car until i get a settlement or what other recourse do i have can i sue my insurance company for bad faith practices? please help i am at my wits end.
My response:
Unless you have "Rental Car Coverage" on the declaration page of your insurance; i.e., that you are paying for that coverage in your premium payments, you won't be entitled to a rental car from your own insurance company.
If you don't have such coverage, then you have no cause of action for Bad Faith. As a matter of fact, Statutory Insurance "Bad Faith" has been abolished in California.
Therefore, if you have such coverage, but your insurance refuses to pay for a Rental Car pursuant to your policy, then your only recourse is to file a Complaint form with the California Department of Insurance.
Good luck.
IAAL