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Rental Company charging for loss of use and diminished value after accident

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JSnow789

Junior Member
What is the name of your state (only U.S. law)? Florida

I hit a rental car. I was at fault. My insurance company has paid for all the property damage. The rental company has sent me a bill for loss of use, diminished value, administration fees and an appraisal fee.

I know they can ask me to pay anything-but with no basis supporting the amounts they are asking for, am I required to pay? Shouldn't they have to prove their lost revenue as well as provide the vehicle appraisals for pre and post accident?

Just looking for a little guidance in composing a response to them.

:)
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? Florida

I hit a rental car. I was at fault. My insurance company has paid for all the property damage. The rental company has sent me a bill for loss of use, diminished value, administration fees and an appraisal fee.

I know they can ask me to pay anything-but with no basis supporting the amounts they are asking for, am I required to pay? Shouldn't they have to prove their lost revenue as well as provide the vehicle appraisals for pre and post accident?

Just looking for a little guidance in composing a response to them.

:)
Send the bill to your insurance company.
 

swalsh411

Senior Member
And no they do not need to prove to your satisfaction that the bill is accurate. Your insurance company will negotiate with them, that's why you have insurance. Do not respond directly to the rental car company.
 

Zigner

Senior Member, Non-Attorney
The bill is BS. The only thing you should owe them is your deductible.
Re-read the OP ;)

Rental company wants money from the OP. The correct thing to do is for our OP to forward the bill to his/her insurance company. Our OP shouldn't have a deductible to pay at all.
 

LdiJ

Senior Member
Re-read the OP ;)

Rental company wants money from the OP. The correct thing to do is for our OP to forward the bill to his/her insurance company. Our OP shouldn't have a deductible to pay at all.
Or at least not a deductible that would somehow be due to the rental company. I agree that he should forward the bill to his insurance company. However, I suspect that the rental car company has already tried that on for size with the insurance company and got nowhere.
 

Mass_Shyster

Senior Member
Or at least not a deductible that would somehow be due to the rental company. I agree that he should forward the bill to his insurance company. However, I suspect that the rental car company has already tried that on for size with the insurance company and got nowhere.
Quite possible, but the rental company's recourse is to sue OP, in which case OP's insurance still must defend OP.
 

JSnow789

Junior Member
I'll call the agent that has been handeling my claim tomorrow. But in the letter I got it says the insurance company has paid all but the balance showing. In the calculation for the balance the cost of 'repairs' is shown as 0.00

My guess is that my insurance company told them to take a hike for these items and they are trying to get me to pay. I found a case in Florida where it was ruled that loss of use damages have to be proven.

I'll see what the agent has to say.

I'll keep you posted.

Thanks!
 

ecmst12

Senior Member
It's a collision claim with his insurance, deductible should apply, but he might have one of those "disappearing deductible" policies, or his credit card might have covered the deductible. If it did apply, it would be payable to the owner of the car (who would have paid for the repair up front and been reimbursed by the insurance) - the rental company.
 

Zigner

Senior Member, Non-Attorney
It's a collision claim with his insurance, deductible should apply, but he might have one of those "disappearing deductible" policies, or his credit card might have covered the deductible. If it did apply, it would be payable to the owner of the car (who would have paid for the repair up front and been reimbursed by the insurance) - the rental company.
The OP wasn't driving the rental...

The rental company isn't looking for payment of a deductible...
 

JSnow789

Junior Member
Insurance company called and said they are not going to pay it because there is no proof of actual damages. So I sent them a letter today telling them that without evidence to back up their claims of loss I wasn't going to pay it.

We shall see what they do. They have sent a 2nd letter and threatened legal/collection action.
 

FlyingRon

Senior Member
Insurance company called and said they are not going to pay it because there is no proof of actual damages. So I sent them a letter today telling them that without evidence to back up their claims of loss I wasn't going to pay it.

We shall see what they do. They have sent a 2nd letter and threatened legal/collection action.
What part of "let your insurance company" handle it didn't you understand?
You should not have sent them anything other than "This is being handled by my insurer, contact them only."
 

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