Rear Ended

What is the name of your state? Washington, DC

I was rear-ended by a cab driver in DC. The cab driver admitted fault. My car was one day old at the time. I sustained a bump on my forehead. The rear of my car was extensively damaged. I have been dealing with the cabs isurance company, First Washington Insurance. I decided it would be easier to go through my insurance, GEICO, for the body work, but I had to file through First Washington for the rental. The original time estimate was 10-14 days, but due to problems with parts, partly because my car is a new model, it ended up taken 43 days. I got the cheapest compact rental car I could get, because that's all the insurance company said they would pay for. Now, First Washington refuses to pay for the extra days, saying they're only responsible for the time the car was being worked on, not time spent waiting for parts. It looks like they're trying to barter me down, because they asked how many days I would be willing to accept. Do I have a case? If they don't crack under threats, do I have options other then Litigation.

thanks,
Ed

[JETX]

Originally Posted by mongeese

Do I have a case?

Case of what???
I think you really mean do THEY have any right to refuse to pay (the 'parts excuse'). In my opinion, the answer is no. Lets look at this 'claim', in two cases:
Case 1) Accident happens on day 1. You immediately put the car in the shop for 10-14 days work, and get a rental car. It ends up taking an additional 19 to 23 days (43 days total) due to parts availability. You were 'damaged' (without your normal transportation) for the 43 days, insurance company should pay for all 43 days.... as long as NO delays were due to your actions or inactions.
Case 2) Accident happens on day 1. Instead of putting your car in the shop immediately, you wait 19 to 23 days for parts to arrive, then put your car in the shop for the 'promised' 10-14 days. The bottom line is... you are still 'damaged' (without your normal transportation) for the same 43 days!!

If they don't crack under threats, do I have options other then Litigation.

Not really.