A few months ago we were involved in a vehicle collision where the other vehicle rear ended us. They assumed all responsibility. At this point the vehicle is fixed after having to deal with many problems with them. During the time the vehicle was in the body shop we were using a rental vehicle, the insurance
A few months ago we were involved in a vehicle collision where the other vehicle rear ended us. They assumed all responsibility. At this point the vehicle is fixed after having to deal with many problems with them. During the time the vehicle was in the body shop we were using a rental vehicle, the insurance company said we would be reimbursed for the cost of the rental vehicle, due to their incompetence we had to have the rental for over a month paying out of pocket. Now they refuse to pay. We have had lawyers from the start but they are of no help, all she says is that I should call the adjustor myself. What can i do?
Rear end, NEVER a dispute of fault. Insurance owes to fix your vehicle and for a rental while the vehicle is in the shop for repairs.
There are several scenarios that could be the reason.
-Other party has minimum limits, meaning the cost to fix your vehicle plus rental EXCEEDS the limits of the policy, so pays the maximum limits of the policy.
-Cost to rent EXCEEDS the amount they allow. Most companies will tell you that we will pay (X) amount, and any amount over that, you will be on the hook. IE, they pay $30 per day and you rent a vehicle that cost $40 a day, so will only reimburse you $30 vs $40. They only owe for a basic vehicle, in other words to get you to work or the grocery store. Or, if you buy insurance, they don't owe, and you pay.
-Now if, for instance that the body shop had problems getting it fixed, or found additional problems (supplemental damages) that insurance would owe, then they would owe, since until done, you still needed a car to drive.
You need clarification of (why) they won't pay. I suggest you call YOUR own insurance company for advice, that (if) it was your insurance company, would they pay/owe.
As for the lawyer, forget it and they don't give a rat's as+ about your vehicle damages or rental and won't help you and insurance knows it. Your lawyer only cares about your injuries, and only when done treating will they get involved.
Ask your insurance and also ask in writing WHY they won't pay.
You forgot to mention why they aren't paying, and exactly what they aren't paying for. I'm guessing there is a reason you're leaving those details. out. I'm also guessing that's the same reason your lawyers have been no help.
Nobody needs a rental vehicle for a month after a rear-end collision.
Sue them. You are entitled to a rental car while your vehicle is off the road. The at fault driver's insurance should pay for it. End of story.
Your insurance should be dealing with this.
I ended up with a rental for 2 months as the parts arrived and were wrong. The correct parts had to be shipped in.
If their insurance isn't covering your rental check with your insurance company. Neither is obligated to pay for a rental if there isn't rental coverage.
This situation is up your your vehicle's insurance provider to handle, that is the job you pay them to do.
Do you have "rental car cover" on your policy? That's what is usually the deciding factor.
I'd find another lawyer and sue the insurance company, and probably sue the lawyers that wouldn't do the job you hired them for!
WHY aren't they paying???????
Call the adjustor