Limits to insurance coverage and potential recourse

[BobNesta]

What is the name of your state? CA

Hi. My wife and kids were parked in a legal spot on the side of the road in a residential neighborhood. Our van was sideswiped, causing extensive damage to the vehicle. The at fault vehicle was a commercial van.

There are a few matters that concern me:
1. My insurance pays $30/day for 30 days for a rental car, which doesn't allow us to rent a comparable vehicle to what we were driving, and they say that they can't, legally, ask the responsible party's insurance to pay for more than our policy allows. I feel as if I should be able to rent a comparable vehicle for the necessary amount of time as it takes to repair my vehicle, at no additional cost to me.

2. I was told by the insurance company that I will be responsible for replacing the left tires, which were blown, because that represents a "betterment." I feel this is unreasonable, because the tires were in perfect shape, as the van is only 1 year old and there was minimal wear. I feel this should be the responsibility of the responsible party to pay.

3. As I mentioned, our van is still relatively new, and in perfect condition. This accident will no doubt significantly reduce the resale value. I would like to be compensated for that, in some way.

Are my expectations reasonable? Should I get a lawyer involved?

Thanks.

[You Are Guilty]

Originally Posted by BobNesta

1. My insurance pays $30/day for 30 days for a rental car, which doesn't allow us to rent a comparable vehicle to what we were driving, and they say that they can't, legally, ask the responsible party's insurance to pay for more than our policy allows. I feel as if I should be able to rent a comparable vehicle for the necessary amount of time as it takes to repair my vehicle, at no additional cost to me.

Your insurance company is only required to pay for the coverage that you paid for - the $30/day. However, that doesn't absolve the offending driver/insurance company from ponying up the difference. The problem is that you will have to collect it on your own (i.e. without your insurance company's help), which may prove problematic. Have you filed a claim with the other driver's insurance? Do so and ask their adjuster for the rental costs.

Originally Posted by BobNesta

2. I was told by the insurance company that I will be responsible for replacing the left tires, which were blown, because that represents a "betterment." I feel this is unreasonable, because the tires were in perfect shape, as the van is only 1 year old and there was minimal wear. I feel this should be the responsibility of the responsible party to pay.

Remind me never to use your insurance company. Unless you drove 30k+ miles in your one year of ownership, your tire tread is likely so close to new that this claim just smacks of BS. Measure the tread on the surviving tires and if it's anything over, say, 8/32", tell your adjuster to shove his "betterment" up his ass. (Even at worst, you'd be entitled to a pro-rated portion of your damaged "used" tires, so I have no idea why they'd think you're not entitled to anything).

Originally Posted by BobNesta

3. As I mentioned, our van is still relatively new, and in perfect condition. This accident will no doubt significantly reduce the resale value. I would like to be compensated for that, in some way.

Some states recognize diminished value but I do not think CA is one. However, someone better versed in CA insurance will quickly correct me if I am off base.

Originally Posted by BobNesta

Are my expectations reasonable? Should I get a lawyer involved?

Yes, and entirely up to you.

Originally Posted by BobNesta

Thanks.

Welcome & good luck.

[BobNesta]

Thank you, You Are Guilty, for such a thoughtful and quick response.

Originally Posted by You Are Guilty

The problem is that you will have to collect it on your own (i.e. without your insurance company's help), which may prove problematic. Have you filed a claim with the other driver's insurance? Do so and ask their adjuster for the rental costs.

I've tried calling the other dirvier's company's insurance (a private transportation company), and was told that a 3rd party adjuster is handling the claim. They (the transportation company) gave me their claim number, and I've now left 2 messages with the adjuster, but haven't yet gotten a response. I guess I should keep trying.

Originally Posted by You Are Guilty

Welcome & good luck.

Thanks again. I appreciate your advice.

[You Are Guilty]

Originally Posted by BobNesta

I've tried calling the other dirvier's company's insurance (a private transportation company), and was told that a 3rd party adjuster is handling the claim. They (the transportation company) gave me their claim number, and I've now left 2 messages with the adjuster, but haven't yet gotten a response. I guess I should keep trying.

Now you know why I said "problematic".

If you have a physical address (or fax#) for them, send them something in writing in addition to the calls. If you don't get a call back by next Monday (it was a holiday weekend - a lot of people are out this week), consider leaving a voicemail every oh, hour or so, until you do. The Squeaky Wheel Theory is especially applicable when it comes to dealing with TPAs, so start squeaking!

Thanks again. I appreciate your advice.

Keep us posted.

[moburkes]

Remember, that lawyers are usually only helpful in personal injury claims. There is no "room" for a lawyer in a property damage claim. Remember, too, that your vehicle has depreciated in the year that you've owned it. I don't think CA recognizes diminished value.