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Auto Accident with no rental coverage...

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vinc8nt2

Junior Member
What is the name of your state? WA
Im an active duty military member that just recently got station here in Washington from Missouri.
I was strucked by an uninsured motorist, because she ran a red light. I suffered minor injuries that includes a bruise on my left elbow, left shin, and a lower back pain. I already know that I can not claim medical expenses since the military covers it. I made a mistake settling my claim too early, it was too frustrating making phone calls everyday. Although I have the settlement check in hand..it hasn't been sign.

*I do not have a rental coverage, so my insurance does not want to pay for the car rental expense after i get my vehicle back. Is the third party responsible for this? Can I suit the person to recover my rental expenses? What if my back hurts in the future? Can I returned the settlement check?
 
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Zigner

Senior Member, Non-Attorney
moburkes said:
Sue the other driver in small claims for the cost of the rental vehicle, if you obtained one.
Why would the OP do that? The insurance company has agreed to pay the cost of the rental vehicle. All the OP needs to do is make sure he gets THAT agreement in writing (from the ins. co.)
Or did I totally misread this one?
 

moburkes

Senior Member
I missed that part. I was looking at the title, but he did say that they would pay AFTER he gets the vehicle back. Hmm. That's kinda weird, so getting it in writing is a good idea.

Other than that, I don't know what he culd sue the at fault driver for, unless he's trying to sue for pain and suffering. He'd have to contact a local atty for that one.

OP: If your back hurts in the future, and you've already settled and signed away your rights to any future claims, then there is nothing that you can do.
 

vinc8nt2

Junior Member
correction"no rental coverage"...

insurance co. will not pay my rental expenses, because they said...I did not chose to get a rental coverage.
 

Country Living

Senior Member
I'm a little confused

Maybe I'm being too literal.

vinc8nt2 said:
I was strucked by an uninsured motorist
Which meant she had no insurance.

vinc8nt2 said:
I made a mistake settling my claim too early.
If she was uninsured - who gave you the settlement check and what was it for (under what coverage were you paid (e.g.collision))?

vinc8nt2 said:
I do not have a rental coverage, so my insurance does not want to pay for the car rental expense till i get my vehicle back.
Unfortunately, you didn't have it. Did you have UM/PD on your policy?

vinc8nt2 said:
What if my back hurts in the future?
The answer depends on a lot of things, some of which have already been covered.

vinc8nt2 said:
Can I returned the settlement check?
If the settlement check was for car repair only, then I don't see why returning it would be of value.

What have I missed?
 

moburkes

Senior Member
Yes, you can sue for the cost of the rental vehicle. I'm also guessing that he had either UMPD or collision. You can also sue for your deductble.
 

vinc8nt2

Junior Member
my insurance co. clarification about my case...

* the check was for my pain and suffering on the accident.
*
the only thing that my Insurance can go after is the deductible that i will be paying, but if she can not, or is not willing to pay that deductible amount her Driver's License will be suspended.

*It's like a taking blood out of a water as they say, because it is not an Insurance vs. Insurance type. My Ins.Co. forwarded my case to subrogation now.

* Since I didnt have rental coverage...on this case"uninsured motorist" I was told that I can not make my Insurance Co. to claim it from the other end.

*On the other hand, they advised me that I can suit the OD to recover my rental expenses to a small claims court.


"on small claims court..can I represent myself w/o having an Atty?
I just dont want to spend money on a less than $1200 rental.
 

vinc8nt2

Junior Member
Im gonna sue the OP who struck me by beating a RED LIGHT...

Ok..Im gonna sue the OP for my rental expenses, but I just found out that I will need to file the case to the County where the accident happened. The courthouse is about 1-1 1/2hrs away from where I live. Please let me know if these following items are legit claims:
*vehicle value depreciation?
*gas for driving to the court?
*inconvenience?
Since the OP does not want to talk to me, and I have only spoken to her Son once...and I told him that since it's an UM claim...my rental expenses were'nt covered. He said he can not do anything about it, and he is just going by the law. He said that his Mom didn't know that the insurance of the car she drove that day was cancelled. On the other hand, My Insurance told me that they cant sue the OP, and there is no Insurance on the other end to go after. Im going nuts with this matter... I do not want to be a gold digger, but my wife's due anytime this week on our first baby and I just want my money back. It's just not fair spending my savings for my Son's expenses to an accident that isnt my fault..and also If I am going to lose this case on a small claims court
.
 
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