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Insurance Claim

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Melinda Davies

Junior Member
What is the name of your state? Georgia

My Son was in a car accident, (Not his fault) and they have totaled his car. Allstate is the insurance company handling the claim, they offered to rent him a car, due to being only 19 years old and not carrying full coverage insurance the rental company will not rent him a car. Well now it is time to settle the claim, to date my son has been without a car for 26 days and they are offering him $100.00 for loss of use. (A rental car at $25 a day is $650) This sounds like a joke to me. Is it fair to ask them to at lease pay what it would cost to rent the car for him? Is there any thing I can do short of hiring a lawyer? (I don't think one would take such a small case)
Please let us know if there is anything we can do.

Thanks
 


moburkes

Senior Member
Melinda Davies said:
What is the name of your state? Georgia

My Son was in a car accident, (Not his fault) and they have totaled his car. Allstate is the insurance company handling the claim, they offered to rent him a car, due to being only 19 years old and not carrying full coverage insurance the rental company will not rent him a car. Well now it is time to settle the claim, to date my son has been without a car for 26 days and they are offering him $100.00 for loss of use. (A rental car at $25 a day is $650) This sounds like a joke to me. Is it fair to ask them to at lease pay what it would cost to rent the car for him? Is there any thing I can do short of hiring a lawyer? (I don't think one would take such a small case)
Please let us know if there is anything we can do.

Thanks
No, its not fair. He is too young to rent a rental vehicle. He should not be compensated, because he would not have been able to rent the car even if he had cash in his pocket. Had he been old enough, they would have rented it to him, but he would have been required to purchase the collision and comprehensive coverage. This is standard.
 

Melinda Davies

Junior Member
Loss of Use

Where can I find the laws that regulate Loss of Use in an insurance claim? I know it is written somewhere, but I can find it. I can't believe someone isn't entitled to loss of use just because of there age.
 

Melinda Davies

Junior Member
I forgot to say the car has been undrivable since the day of the accident. We didn't have it towed since he was only a few blocks from the house.
 

moburkes

Senior Member
There is no law.

edited to add:
From the Dept of Insurance's website:
In third party situations, a claimant may be entitled to car rental from the date of the accident until the car is, with dispatch, repaired. The carrier's rental responsibility in first party claims is based on the policy conditions.

My point, Melinda, is that the insurance company offers to rent a vehicle. It is not their fault that your son cannot do that because no agency will rent a vehicle to him. That is beyond the control of the insurance company. You may receive a different opinion from someone else.
 
Last edited:

moburkes

Senior Member
Melinda, I saw your post on the other thread. Unfortunately I cannot find ANYTHING that states that your son should receive the cash value of the rental vehicle. Loss of use is to be used to 1. reimburse you for rental expenses or to 2. pay the rental expenses. I don't find anything that can help you. Sorry.
 

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