got hit by an elderly lady in a rental car!!!

What is the name of your state (only U.S. law)? New York (upstate)

Thursday September 2nd 2010 got t-boned by an 86 year old woman driving a rental car(her car was in the shop for a different accident). Her foor locked onto the gas due to some type of arthritis condition, and she hit a car waiting at a red light, then plowed into the front passenger side of my car, going pretty fast.

6 days later and i am still without a rental car!!!!!

OK, so here are the specifics:
-she was driving a rental car
-she didn't get any insurance from rental car agency
-her insurance wont pay anything, says rental agency is responsible
-rental agency wont do anything because they require an "investigation" and that that could take a few weeks
-rental agency wants me to get my car out of storage at body shop because they don't want to pay storage fees.(not going to happen!!)

nobody is willing to do anything, and they expect me to call my insurance, and pay out of pocket for a rental car while they are dragging their feet!!!

im really angry about this, and would like to know what i can do to get them to move forward with this!

Who do you think is required to pay for the rental?

ETA: What has your insurance company done in response to the claim you filed with them?

Zigner said:

Who do you think is required to pay for the rental?

ETA: What has your insurance company done in response to the claim you filed with them?

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Someone other than me.

right now my insurance is waiting to hear from the other 2 insurance companies involved.

You must mitigate your damages by removing the car from the storage lot until the investigation is complete. They are entitled (in fact, required) to investigate and yes, that can take some time. That doesn't mean you can just let your car rack up fees in an attempt to punish them for doing their job.

rodnig1 said:

Someone other than me.

right now my insurance is waiting to hear from the other 2 insurance companies involved.

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Then it would be your option to sue "Someone other than you."

You failed to answer my second question...

rodnig1 said:

Someone other than me.

right now my insurance is waiting to hear from the other 2 insurance companies involved.

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**A: you need to be calling your insurance company and demanding service and coverage.

i guess ill have to get them moving with it then... was hoping that i wouldnt have to use my insurance

ecmst12 said:

You must mitigate your damages by removing the car from the storage lot until the investigation is complete.

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The plaintiff is required only to undertake reasonable efforts to avoid the consequences of injury. The car needs to be stored someplace, as the normal parking area provided by the owner is normally occupied by the substitute vehicle. The storage lot is providing a service that is required by the plaintiff. There is nothing unreasonable about it.

it would not have been reasonable for insured to have disposed of damaged car for salvage value before insurer's appraiser had examined it, as doing so would have breached automobile policy and, thus, insured did not fail to mitigate damages when insured incurred storage costs for destroyed vehicle from date of accident until time of trial.

Mooney v. Nationwide Mut. Ins. Co. 172 A.D.2d 144, 577 N.Y.S.2d 506 (N.Y.A.D. 3 Dept.,1991)

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rodnig1 said:

i guess ill have to get them moving with it then... was hoping that i wouldnt have to use my insurance

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**A: that's the problem. Look up the definition of the word subrogate.

HomeGuru said:

**A: you need to be calling your insurance company and demanding service and coverage.

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Methinks our OP doesn't have collision or rental car coverage otherwise any reputable insurance company would have towed the car out of the lot within 24 hours of the claim being filed.

davew128 said:

Methinks our OP doesn't have collision or rental car coverage otherwise any reputable insurance company would have towed the car out of the lot within 24 hours of the claim being filed.

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**A: well, we have dropped enough hints already.

i do have complete full coverage on the car, but i am thinking that its not responsibility to do all the leg work for these people, since none of this is my fault.

that's why i posted here, figured i would get the info on the right thing to do

thanks all

The right thing to do to get your car fixed and make sure you can get to work in the meantime is to use your insurance and let THEM worry about who is going to pay them back for it.

You won't get a rental car unless your coverage provides you with a rental.

And as ecmst12 said, your insurance company should be dealing with your claim. It's then up to them to go after the rental company to get their money back. You'll have to pay your deductible up front and then if your insurance company is successful you'll get it back.

HighwayMan said:

You won't get a rental car unless your coverage provides you with a rental.

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X2...

Rentals are ONLY provided if it is part of the insurance coverage that one pays for. Secondly, one will NOT get an equal value rental car if they do not pay for it.

For example, your monthly insurance coverage provides $30/day rental coverage. You have a full size truck that was damaged, and a full size truck rents for $100/day. You will NOT get a full size rental replacement without paying the difference. Common theme with people who own large SUVs and expect a large SUV rental when their insurance only pays out the minimum in rental car coverage.