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If they won't OK a rental, then just say you will be happy to rent the most expensive car you can find, then sue them to compensate you for it. They're not in the business of protecting people who their customers hit just because they called them on the phone. Furthermore, your insurance company isn't in the business of providing coverage that you didn't pay for. The only thing your son did wrong was give up too easily; you should try calling them yourself. They may think he's just a kid and he's not going to sue them. Teach them a lesson.
that would be a very poor idea, as most courts would deem that unreasonable
all the liable party needs to do is make you whole, not better you
so unless you are driving a very expensive car and have a need to continue driving such a vehicle you would most likely be compensated only at a low level - either through the alloted policy limits or through the courts
best bet is to file a comp/collision claim with your carrier if possible
that would be a very poor idea, as most courts would deem that unreasonable
all the liable party needs to do is make you whole, not better you
so unless you are driving a very expensive car and have a need to continue driving such a vehicle you would most likely be compensated only at a low level - either through the alloted policy limits or through the courts
best bet is to file a comp/collision claim with your carrier if possible
I should have added that I wouldn't actually recommend renting the most expensive car you can find.. but it would make them realize they hit a live wire.
Comp/collision claim with your own carrier only applies if you have comp/collision coverage.
if not possible, then weigh your options with cost/benefit
but be persistent, persuasive and level headed and don't be afraid to escalate or let it be known that you may be getting frustrated to the point of dealing with the state DOI and filing a complaint
also their webpage could have some additional information that could be helpful in gaining a resolution
here is the page for NC
Services for Consumers: Home Page (http://www.ncdoi.com/Consumer/consumer_home.asp - broken link)
pay special attention to the PDF "Consumer Guide to Auto Insurance" found by clicking on the Auto button - especially the "after an accident" section on pg 12 of the doc (14 of the pdf)
Quote:
[SIZE=5][SIZE=5][SIZE=5]
[LEFT]How will a company determine
who is at-fault?[/LEFT] [/SIZE][/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]The insurance adjuster investigating the accident
will attempt to determine who is negligent or
at-fault. The Automobile Liability coverage will
pay for bodily injury and/or property damage for
which any insured becomes legally responsible due to
negligence.
North Carolina Contributory Negligence Law bars
a driver from collecting damages if determined to be
partially at fault. In essence, if you contribute to an
accident, you may not be able to collect on a liability
claim. Any disagreement will ultimately have to be[/LEFT]
resolved in a court of law.
[/SIZE][/SIZE]
Quote:
[SIZE=3][SIZE=3]
[LEFT]I don’t want to file a claim against my company
because it might raise my rates or refuse to renew
my policy, but I’m getting nowhere with the other
driver’s insurer. Any advice?[/LEFT] [/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]An insurance company cannot charge insurance points
for an accident that was not your fault. Your agent can
give you advice about your company’s underwriting
and how the claim may affect your policy.
[/LEFT]
[/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]If I am in an accident and someone else is at-fault,
do I get a rental car while mine is being fixed?[/LEFT] [/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]It is common practice for insurance companies to
allow a rental vehicle while your car is being repaired.
However, there are no statutes or administrative codes
that require an insurance company to offer a rental
vehicle.
[/LEFT]
[/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]Can the other driver’s insurance company delay
paying for my car repairs to pressure me into signing
a release on my injury claim?[/LEFT] [/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]No. If this situation were to arise, you can file
a formal complaint with the North Carolina
Department of Insurance.
[/LEFT]
[/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]How long can a company take to pay my claim?[/LEFT] [/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]After receiving a claim an insurance company has 30
days to pay the claim, make an offer of settlement,
deny the claim or advise the claimant that the
investigation of the claim is ongoing. Loss and claim
payments should be mailed or delivered within 10
business days after the claim is settled.
[/LEFT]
[/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]Is the company required to give me an explanation
of why it denied my claim?[/LEFT] [/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]Yes. The insurance company must provide a reasonable
explanation of why your claim was denied in relation[/LEFT]
to the policy language or applicable law.
[/SIZE][/SIZE]
With my State Farm Ins I had liability of a beater (91 Camry) 2.5 years ago. The car was rearended by a lady looking in the mirror at the time of collision. The only damage to the car was the bumper slightly push lower on that side (about one to two inch lower) not even worth fixing, I would had to point the damage out to you.
Shocking thing about it, I was not driving the car at the time. I loan the car to a coworker to drive for a few months b'c' he needed a car. They paid his medical bill and gave me a check for $750 and offer me a rental car. I only paid $900 for the car. She had Farmer Ins. They contacted me and my Ins didn't need to be notified. I had my check within two weeks.
I was in an accident once and the other persons insurance was not helpful until I told them I had a lawyer representing me at which point they became very helpful.
Sounds like standard operation procedure... delay and some cases just go away.
I agree that you need to be proactive... either turn it over to your carrier or be prepared to do the legwork on your own...
A family member was in an accident... no question on liability... the insured's carrier wouldn't return calls and eventually the receptionist said not to call anymore...
That was all it took... a claim was filed in Superior Court... no one in my family is a lawyer... anyway... now the insured's company was calling several times a day offering to settle...
It all worked out OK... BUT nothing happened until the suit was filed...
By the way... the car was totalled... only had it a month. Went out and rented the exact same car and the cost was part of the suit...
No insurance company is particularly responsive to people that they don't insure.
What you do is call YOUR insurance company and let them fight it out with the other driver's insurance company.
not all insurance companies are like that.
I T-boned a guy (he was a lawyer I found out) that had turned left from the far right lane, he got in front of me and stopped and I had no where to go but forward.
We pulled into a parking lot, the cops were at the lot we pulled into. When they walked over he admitted it was his fault, there was no police report since no one was hurt.
He had ERIE insurance. They contacted me about 3 hours after the accident. i explained I had to have a vehicle for work, they authorized a rental and they contacted Enterprise and took care of everything. They fixed my truck 100% (almost 14k in damages) and never had a problem with them.
I have State Farm insurance, but ERIE did take excellent care and were much easier to deal with than I had expected.
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