How to recover my car rental in FULL?

My question involves a traffic accident in the State of: Massachusetts

On 3/28/08 I was involved in a major vehicle accident in Massachusetts on Rte 20 in Sturbridge. I was traveling east bound, another party was traveling west bound and took a left hand turn in front of me. I had seconds it seemed to do anything. My car collided with the other party's minivan.

The police arrived and citied the minivan's driver with "failure to yield".

My adjuster issued a check for my vehicle damages ($7548.00).

The other insurance will only reimburse 75% of my rental bill. Citing the angle of the damage.

My insurance has declined the other party's claim of personal injury.

My question is, can I bring the other driver to small claims to sue for 100% of my car rental?

What do I need to prove about this "angle" crap that other insurance is talking about?

Can I take the 75% from the other insurance and get the remainder (upto $15.00 a day) on my own coverage?

I just don't understand how my own insurance company is backing me, and this minivan's insurance is not paying, claiming crap angles in my opinion to avoid paying. The accident would not have happened if the minivan did not cross the highway in front of my vehicle which had the right of way.

I am very frustrated and feel like I am getting screwed.

Help2008 said:

My question is, can I bring the other driver to small claims to sue for 100% of my car rental?

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Of course you can. After all, anyone can sue almost anyone else over almost anything.
However, if you do win, you would only recover the 25% that you did not receive.

What do I need to prove about this "angle" crap that other insurance is talking about?

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Of course, no one can answer that without reviewing ALL of the evidence.... but presumably they feel that you were 25% liable for something.

Can I take the 75% from the other insurance and get the remainder (upto $15.00 a day) on my own coverage?

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Ask your agent.

Thank you, followup questions...

My insurance will either pay me by my own policy of $15.00 per day, or submit a claim for the full amount to the other insurance company, who has said they are only paying 75%. (citing the angle of the impact). To me, it doesn't matter what part of the vehicle I hit, because they would had another impact reason. You didn't do this, you didn't do that. That is frustrating.

My company finds me 95-100% no fault. How can their insurance company come up with different figures?

I don't think I should accept 75% of my rental, because it was absolutely not my fault for my car being in the repair shop for 3 weeks. I would rather pay the bill myself, then sue for the full amount in same claims.

Re: Other Insurance Paying Only 75% Of My Car Rental

Furthermore, this would not have happened at all, if the minivan did NOT "fail to yield'.

I had the right of way, she took the left turn cutting in front of me. 3 secs to break, and to turn to avoid. This angel crap is just that.

Help2008 said:

Furthermore, this would not have happened at all, if the minivan did NOT "fail to yield'.

I had the right of way, she took the left turn cutting in front of me. 3 secs to break, and to turn to avoid. This angel crap is just that.

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You DO realize how LONG 3 seconds is when you're driving, right? (it's an eternity)

Well I am certainly no expert, but if it was me, I would take the 75% they are offering, and sue for the rest, how much money does the 25% amount to?

75% of what? total (total with taxes)? or 75% of x$

$100.00 + depending of if they pay the tax.

That may not sound like a lot, but some people are not made of money.

Thank you for replying.

Zigner said:

You DO realize how LONG 3 seconds is when you're driving, right? (it's an eternity)

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I don't quite understand what you are trying to say.

just went through this

Although it wasn't a two vechicle accident i just went through this with my own car. My son on easter sunday wrecked my vechicle. I was offered a rental it covered 30 dollars a day with a limit of 900. What i wasn't informed about was the deposit 50 and insurance 15 dollars a day extra which you probably don't need because your insurance company covers you but check with them. Total i paid was 62 dollars because of the insurance thing. I paid my deductable of 500.00 to the body shop. I would definately write the insurance company and submit the police report and let them know that if this isn't resolved to your satisfaction then you will contact an attorney. Or if you have an attorney have them make a call usually companies don't like to get calls from and attorney. Mean more money. YOu could ask an attorney for a consultation also and see what your options are.

Attorneys...

My insurance company, and the police did not find me at fault for this accident. It was enough of a percentage that I will not incur "points" or an insurance premium increase.

However, I am still battling the accident because of this "angle" issue. Just to go over it again, the minivan took a left on a highway, driving across my direct path, and was citied for failure to yield.

My vehicle suffered damage to the right, front passenger (headlight area), and the minivan suffered damage to the rear passenger (bumper area).

And the other insurance company is using these damage "angles" to attempt to reduce their fault percentage.

My argument is the fact that, if the minivan yielded to my vehicle, which (I) had the right of way, there would have been no accident.

All I know is that I did nothing wrong.

Attorney..

The problem is most accident attorneys are not interested in taking a claim unless it involves personal injury. I had no injury besides a superficial scrape on my thumb.

As of right now, I just want to recover my car rental difference (the amount I will pay out of my own pocket). That amount will range (for approx three weeks) to 75-150$.
That's a small claims.

There are no other expenses that I see currently.

In the event, the other insurance continues with this "angle" crap and results in anyone demanding money from me, I will retain an attorney.