Pls help. Do I have to pay for the rental car in my no fault accident?

[dgpham]

What is the name of your state? FL
I had an auto accident a few weeks ago and it was not at my fault. The other guy got a ticket. His autoinsurance company agreed to pay for my claim. I currently use a rental car arranged by that insurance company. However, they cover the rental car for only 10 days (while the time needed to fix my car is at least 12 days). I called and told them that they still have to pay for the rental car until I get my car back, but they say they can cover only for 10 days. That is I have to pay for the additional rental days. I called my autoinsurance and they told me if they intervene I have to pay the deductible and will lose all of my discount privileges. I don't think it is right but I don't know whom I should ask for help. . Thanks for your advice.

 

[moburkes]

Well, it depends. If the time required to repair your vehicle should not have exceeded 10 days, and you chose to go to a shop where your vehicle had to sit for a few days before they began working on it, then that's YOUR FAULT, and they will not reimburse that.

Where did the 10 day requirement come from? Is that an arbitrary number?

 

[dgpham]

They sent me a letter saying that I could fix my car at any shop of choice. Before I brought my car to the car dealer, I informed them. I told them that the repair time would be 2 weeks based on the shop estimation. They contacted the car dealer for the repair time and tlhen they arranged the rental car for me. After the 1st week, I called for renewal, they extended for 3 more days. Now they said the policy is 10 days only. I have to pay for the additional days. I don't know what I can do now. Thank you for your advice.

 

[moburkes]

You are correct, they are not allowed to dictate where you get your vehicle repaired. But you still haven't made it clear WHY you received a 2-week timeframe from the dealership. Is it because they couldn't begin work on your vehicle right away? If that is the case, then the insurance company is not responsible for that.

 

[dgpham]

The shop told me that they have to diassemble the damage then ordered parts because from the outside they couldn't tell if there is any inside (frame) damage. They estimated 2 weeks. Thank you for your answer.

 

[moburkes]

Okay. Contact the adjuster. Ask how requiring YOU to pay for the rental is making you whole. Explain that it would have taken ANY body shop the same amount of time to repair the vehicle, and that they must provide a method of transportation while this is being done. Ask for it in writing, where the rental is limited to 10 days, when the repair is 14 days. Ask for a supervisor. Then tell that you will contact the department of insurance for your state. Good luck.

 

[stephenk]

If you are only talking about an additional 2 days of rental, pay the difference and then sue the other driver in small claims court for the amount.

You may want to consider shopping around for new coverage. Your carrier has no basis to claim you will lose your good driver privileges if you make a claim on your policy for an accident that is not your fault.

 

[moburkes]

Yes, they do. They didn't say that they would surcharge him, only that he would lose a discount for which they have put into writing specific criteria. It may not be wise, but there is nothing wrong with it.

OR, his agent simply doesn't want the "hit" on his books, and is lying. But its still not worth it to make that claim, because it would be lower than his deductible.

 

[dgpham]

Thank you very much for your advice. I don't know for how long it will take to finish the car. If I need to sue the other driver in small claims court for the amount, what should I do and how can I get the information to proceed. Thanks again.

 

[stephenk]

go to your local courthouse and ask for information on small claims court. It is not difficult to do. The information is usually in a booklet and some courts offer a person to help you with preparing and filing the paperwork.