Insurance Adjuster's Settlement Offer (Car Accident)

[rescal]

What is the name of your state?What is the name of your state? AL

I was involved in a car accident several months ago. The other party was at fault. I had to rent a car for 4 months while mine was being repaired. I covered the costs of the rental car and now have filed a claim with the insured's insurance company asking, among other things, for reimbursement for the car rental. The adjuster has made me an offer to settle my whole claim (bodily injury and property damage) that doesn't even cover my rental car bill. Is there some legitimate practical and or strategic reason the adjuster would offer me less than my rental car bill to settle my claim? Rental car bills and receipts were provided to the adjuster.

TIA

 

[itsacatsworld]

You base your claim on the value of your car as a comparable would sell for. Not trade in value but its actual value ...........on n on n on ,,,,,,,

 

[itsacatsworld]

I dont care for insuerance folks but you have to deal with them. Since usually your across state lines you state before hand this is subject to recording and give them pause. then speak.

 

[itsacatsworld]

You treat them just as they treat us . No jury in the world will convict you of that.

 

[itsacatsworld]

just dont plead guilty.If Im
on the jury they have to PROVE IT.

 

[itsacatsworld]

any doubt its not guilty.

 

[RunningOnEmpty]

An insurance company will decline to pay your entire rental bill if your vehicle was driveable and you chose not to drive it while you were waiting for your parts to be ordered, etc. before the car was actually being worked on.

Four months is a very long time for repairs to be in progress. How extensive was your damage?

Some people prefer driving the 2005 rental car to their 1980 Ford Taurus and will drag out the repair process, thinking the insurance company will pay. They won't. Some people believe the insurance company will pay for the 2005 Cadillac or SUV they rented while their 1985 VW is in the shop. They won't.

The insurance company should pay the cost of a comparable vehicle (same seating capacity) for the number of days your vehicle was in the shop actually being worked on. If your vehicle was not driveable, they should also pay the rental for that time period prior to your vehicle going into the shop for repair, provided that this time period is reasonable.

If you chose a shop that is too busy and can't get to your vehicle for two months, the insurance company will not pay for this period of time, as it is not reasonable. Another shop could have repaired your vehicle right away.

If you have been offerred a very small sum for your property damage, rental expense and bodily injury, it sounds as though your damages may have been very minor and they don't believe the repairs should have taken four months to complete.

 

[rescal]

AL

My property damage to my vehicle was extensive ($9,600). My car wasn't drivable. The accident happened 25 Nov 04 (Thanksgiving). I was initially told by the body shop it would take about 3 weeks to repair my car. I checked with the body shop after the 3 weeks on a regular basis but was told my car wasn't ready. Part of the delay by the body shop was getting parts for my car over the holidays (Thanksgiving, Christmas, New Years). Some of the delay was the body shop getting authorization from the insurance adjuster. Several calls had to be made. I in fact made several calls immediately after my accident before renting the car to the insurance adjuster and he never, to this day, ever returned any of my calls. I did speak with someone at his office who only told me to keep up with my receipts for the rental car. I told her I had rented a car because I needed one to get to around. The body shop made several calls to the adjuster over the 4 months my car was being repaired to get approval for other work needed that wasn't apparent initially to the body shop. The adjuster knew my car wasn't ready because work was still being done on it. Other delays occurred when the wrong parts were shipped to the body shop and had to be returned. Beyond this, I can only speculate that the delay also involved other work the body shop had.

I don't know if any other body shop could have worked on my car any faster. However, I did pick the shop. I rented a car because I needed one. At some point, I concluded it wasn't in my best interest to take my car some where else. Had I known it would take 4 months to repair my car, I would have taken it some where else. Hind sight is 20/20. But for the accident, not my fault, I wouldn't have had to take my car to the shop for repairs. I don't think I should be penalized because the body shop took an unreasonable length of time to repair my car if the time was unreasonable. I don't know the day by day details as to why it took 4 months. I know I was without my car for 4 months and I footed the rental bill. Do I have any recourse as far as recouping the total rental bill? What length of time is considered reasonable?

TIA

 

[teflon_jones]

The key here is how much coverage the other person's policy had for a rental vehicle for you. Their insurance company is only going to cover this amount, regardless of how long it takes to get your car fixed. You'll have to sue the owner of the other car for anything above this amount.

 

[RunningOnEmpty]

"Rental" coverage is a coverage you carry for yourself under your own automobile policy. The other party's "Property Damage" coverage pays for your rental expense under your Property Damage claim.

Write a certified letter to your assigned adjuster's supervisor. Let this person know that the assigned adjuster does not return your calls. Request a written breakdown of the amount they have offerred you. Let them know that you expect a timely response or you will pursue the matter with your state's Dept. of Insurance.

Unfortunately, since YOU chose the shop, they will not be responsible for any unreasonable delay on the shop's part. If this repair should have taken three weeks, that's probably what they will pay you. Had you used one of their "preferred" shops, they would have made sure the shop completed the work in a timely manner. The insurance company would be responsible for any delays caused by their preferred shop. My company uses higher-end shops as our "preferred" shops. In order to stay on our "preferred" list and get all the business we send their way, they usually cooperate with our requests to get the repairs completed in a timely manner.

It sounds like the shop you chose took four months to complete a three week job.

 

[rescal]

AL

I spoke with the insurance adjuster today. I called him and asked him about why his offer didn't cover the entire amount of the rental car bill. Even after he retrieved my claim's file, he didn't appear to be up to speed as to his offer to me. He said it was an error and couldn't explain how his letter went out as it did or why his offer was short as to the rental bill. I don't know if he's overworked or was low balling me. He indicated he'd include the total rental car bill in his final offer. He was still reluctant to break down his offer into specifics. He said it was easier for him to deal with a total figure. Based on an opinion given here, I'll press him for specifics and keep in mind other options mentioned. Due to his new offer (which includes the full rental car bills) and my counteroffer, It doesn't appear we will resolve this matter without going to small claims court. We've discussed this as my final option if we reach an impass.

I appreciate the input

TKS