Statute limit for filing a claim

[bestoption]

What is the name of your state? Georgia

My wife was involved in a car accident about two years back. The other driver was at fault and paid for the reapirs of the car and the deductible, but did not pay complete expenses for the rental car which is about $1000.

1/ We are nearing the 2nd anniversary of the accident in 1 month from now. Are we still in the statutory limit of filing a suite or have we lost all the claims now?
2/ Is the loss of money we incurred by renting a car due to the accidemt counted towards property damage?
1/ Can i sue the insurance company directly for the remaining expenses in the small claims court? or do i have to sue the other drive. The details i have for the address of the other driver are apparently incorrect.

Any help would be greatly appreciated.

 

[Meatcutter]

What is the name of your state? Georgia

My wife was involved in a car accident about two years back. The other driver was at fault and paid for the reapirs of the car and the deductible, but did not pay complete expenses for the rental car which is about $1000.

1/ We are nearing the 2nd anniversary of the accident in 1 month from now. Are we still in the statutory limit of filing a suite or have we lost all the claims now?
2/ Is the loss of money we incurred by renting a car due to the accidemt counted towards property damage?
1/ Can i sue the insurance company directly for the remaining expenses in the small claims court? or do i have to sue the other drive. The details i have for the address of the other driver are apparently incorrect.

Any help would be greatly appreciated.

Reply:
1. Most statutes are 2 years, check your states department of insurance website.

2. yes, rental is usually considered part of property damage.

3. You can't sue the insurance company, they didn't cause the accident, the driver did. You must sue the driver and their insurance company will provide a defense for them.

Now I have a question for you. Please elaborate on why the insurance company did not pay all the rental expenses? Sometimes they don't owe all the rental expenses. For example, did you not return the rental car when the repairs on your car were completed? Did you purchase rental insurance? Did you get a vehicle not comparable to your vehicle, ex. renting SUV when you drive a civic? Did you get a rental immediately after the accident even though you car was driveable?

These are situations, among others where insurance is not required to reimburse.

 

[bestoption]

Reply

The insurance company of the pary at fault paid for the rental expenses but not in full. To answer the questions -

did you not return the rental car when the repairs on your car were completed?

The car was returned the day the repair was completed.

Did you purchase rental insurance?
No, i did not have renter insurance, and hence the re-imbursement was not done by my insurance company but by the insurance company of the party at fault.

Did you get a vehicle not comparable to your vehicle, ex. renting SUV when you drive a civic?
I had a toyota camry and i had rented a mid size car.

Did you get a rental immediately after the accident even though you car was driveable?

My car was not drivable after the accident. There was a delay in sending the car to the workshop since i had to wait for the adjuster to the party at fault to come and examine the car. They initially denied the claim that i had filed and i had to then file with my own insurance company. They finally agreed to pay after subrogation.

I can't seem to locate the address of the driver at fault. Since i can't find her, is there anything i can do to sue or locate her. She was test driving the car from a dealership when the accident occurred. Hence, the police report does not have her address either.


Thanks for the Help!!