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Auto Accident Settlement

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Black7

Guest
I was involved in an accident about a month ago. I was driving and my car was rear ended in New Jersey. My passanger and I were shaken up, but otherwise uninjured. The other driver's insurance company accepted fault for the accident. It took them two weeks to send an appraisor out to look at the car, and after he was out they actually had to call me to find out who they sent because they did not know. Well, anyway, they total the car. They offer me a settlement for the car that I was not happy with, so I contact my insurance company, find out what they would have offered me, and countered with that offer (I am still not really happy with it), and they accepted that offer.

Now, problem is, I also want to be compensated for the trouble of not having a car for almost a month now (I have been walking or biking to work every day, and taking the train when I have to go into Philly), and they say they cannot do that because I did not rent a car or anything like that. They never told me that I would be covered if I rented a car, so I didn't. Now I do not feel I can settle without being compensated for the trouble caused (I feel that if their client had not hit my car, then I would not be out a car) by not having a car. What is the next step I should take? Is it time to get a lawyer? Do I have a case here, are they responsible for this, or simply responsible for the damage to the car?
 


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peter

Guest
I would say its YOUR fault for not reading your insurance policy, it probably said you would be entitled to a cheap rental car while your car is being settled. And you didnot ask for reimbusement for your expenses in your settlement offer...

Next time you will
 
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Black7

Guest
I do not have a policy to read. The other guy is at fault, so I am going through his insurance company. I asked when I made my offer what about compansation, and the adjust said that she only deals with settlement for the car it's self, that I would have to talk to a different adjuster for that. So I call the other adjuster and she is the one that declined my claim for compensation. She said because I did not rent a car or incure any expenses I could not get anything. I said that she did not tell be I would be able to rent a car, and then she says that that was because the last time she talked with me they had not claimed liablity yet, so she could not offer the car rental to me at the time. My major complaint here is she could simply had called me and told me I could now go out and rent a car or what ever I needed to do and it would be covered. Instead she passed it onto another adjuster who did not say anything about it.
 
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peter

Guest
What about YOUR car policy? You should have reported it to YOUR insurance company, and they would have told you to get a rental car and they will settle with the other insurance company....

Ahhhhh I get it YOU dont have insurance

 
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Jontue

Guest
Just thought i'd throw in a comment here. I too went through the same thing with my daughter. The only reason I knew about a rental car was from some nice person on the other insurance side. They knew they were at fault and knew we weren't being treated right. She even explained to me that I would have to give my minor daughter my car to drive while I drove the rental, since a minor is not allowed to drive a rental. If It wasn't for this nice investigator we wouldn't have ever known either. I'm learning they are not there to help us out fairly or spend more than they have to. But I would guess that after the fact, is too late. Now if you took a bus or had a friend drive you or something of that sort maybe that would have made a differance. I have learned when there is a real accident trying to settle it yourself only works till the very, very end. And then you get screwed and have to get an attorney anyways. Good Luck and hopefully there is no next time.
 
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Black7

Guest
No, Peter, I do have insurance, and I talked the the appriaser the very next day about rental coverage, since it is on my plan. They said that if I decide to go throught the other insurance company they could not help me with a rental car. I decided to go through the other insurance company because then I would not have to pay the deductable, however I did not know the details of what the other insurance company would cover (I know I would get the deductable money back, it would just take much more time to get that money back, and I can't afford to that). Also, if I made the claim to my insurance company, my rate would have gone up, even though I am not at fault here.

On a side note, why are you so negative? Your posts have not been very helpful or constructive, so why bother posting at all?
 
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peter

Guest
Its because YOU made a decision and now you want to scam them for more money by suing them.

Its was you decision to not pay the deductable verus not getting a rental car.

YOU made a decision not to ask for the rental in your settlement offer, and YOU didnt ask for a copy of his insurance to see wether they would have been forced to give you a rental car.

You did not FULLY do your homework, so stop this nonsense and you will learn from this.
 
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peter

Guest
And NO it is illegal to increase your auto insurance rates when you make a claim and it has NOT been settled...no kidding!

And then you also have the option to demand your auto get full reimbursement of all expenses, they cannot charge you higher rates if they are NOT OUT OF POCKET ANY MONEY... thats illegal too. You can refuse to sign any settlement agreements and take it to arbitration.

What you may need a lawyer for is to sue YOUR insurance company for NOT demanding full payment from the other party and, and then charging you a higher insurance rate because your insuance company FAILED to provide you with proper service, which means FULL reimbursement.

get it?
 

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