Feel like I am getting screwed over

[Sarah P]

I was rear ended on 11-01-05 in CA. I was stopped at a red light, when a car slammed into me from behind... He also sideswiped another car before hitting me. I was obviously not at fault, and this was confirmed by our insurance companies. Since I do not have rental ins, his insurance co. verbally agreed to pay for my rental car... they said through 10th of December, as I should have the settlement for my totalled car by then. Unfortunately, I did not receive that check until 12-28, so I was driving the rental car until 12-30. His ins. company is now saying they will not compensate me for the rental car thru then...They offered me an amount that is about half of what I actually owe, and are saying that it is because the other party who was hit also had a total loss, and their insured does not have enough property damage ins. to cover both claims... What do I do? Do I really need a lawyer? I never signed any agreement that they would only pay through 12-10, and they actually told me that they would pay for the rental for two days after I received my settlement check for my car... nothing is in writing.... help!

 

[stephenk]

how much damage to your car and how much do you owe for the rental?

 

[Sarah P]

My car was a total loss, and I owe about $1500 for the rental car, as I had it for 2 months

 

[stephenk]

small claims limit is $7500. get a value for your car, gather up the rental receipts and sue the guy in small claims if you are within the limit.

 

[LSCAP]

re rental agreement

My son works for a rental agency. He says the insurance companies usually try to cheat you out of part of the rental price.

Tell the rental company to send the bill to the insurance company. That is what he does. If necessary he repeats sending the bill to them. Eventually the insurance company gets the message to pay the bill.

 

[Trucking Mad]

I was rear ended on 11-01-05 in CA. I was stopped at a red light, when a car slammed into me from behind... He also sideswiped another car before hitting me. I was obviously not at fault, and this was confirmed by our insurance companies. Since I do not have rental ins, his insurance co. verbally agreed to pay for my rental car... they said through 10th of December, as I should have the settlement for my totalled car by then. Unfortunately, I did not receive that check until 12-28, so I was driving the rental car until 12-30. His ins. company is now saying they will not compensate me for the rental car thru then...They offered me an amount that is about half of what I actually owe, and are saying that it is because the other party who was hit also had a total loss, and their insured does not have enough property damage ins. to cover both claims... What do I do? Do I really need a lawyer? I never signed any agreement that they would only pay through 12-10, and they actually told me that they would pay for the rental for two days after I received my settlement check for my car... nothing is in writing.... help!

You have a few options..
1.) Pay the bill and move on
2.) Pay the bill and take the individual to small claims
3.) Obtain a good PI Attorney and follow what they tell you to do, of course this will be difficult to do 3 months after the accident
4.) Try to pursue this with the aid of the rental co...also of course this will be difficult because your on the rental agreement not the Ins. Co..I summarize this based on your post.