I was rearended by someone and their insurance company said she was at fault and they would pay for the damage to my car and for a daily amount of money or car hire rental. I chose the daily amount. My car is now in the menders, but they found more wrong with it than the insurance adjuster had first found, and so it is taking longer to repair than first thought. Now the insurers say they won't pay for any more car hire allowance, saying it is the shop's fault. But their adjuster's estimate said 12 days to repair it - and if you don't count the weekends, that still isn't up yet. But they say they will stop paying for rental after 12 days inclucing weekends. What can I do? I think the insurers are meant to pay for all the time it takes to repair the car - they say it is the shop's fault and so not theirs - but they estimated 12 days anyway. The shop will probably ask them to adjust their estimate for more repair money and more time. But how can I handle this with the rental amount?Car wreck - car rental from insurance - can they refuse to pay?
First off, don't get attorney happy like everyone always suggests, because an attorey gets 1/3 + expenses, you will end up with less than you started with.
You have an estimate that says 12 days to repair and you are correct that does not include weekends or holidays. You need to call the insurance company and see why there is a delay. Ask if a supplement was written, which may add additional days to the car repairs. If not, ask why they are blaming the body shop. Did the body shop order the wrong parts and that delayed it? Or did the insurance estimate read 3 days to paint, but it took 4.
Once you know what they are blaming on the body shop, call the body shop and ask them what the delay is. If it is the body shop (they made a mistake or they took too many cars for the week and couldn't work on all of them, for example), then it is their fault and the insurance company is not responsible. However, the body shop is and they should cover your additional rental expenses.
If the body shop says its the insurance company, have them call the insurance adjuster who inspected the car (should be written on the top of the estimate) and get an extension. If they give you a problem with it, do a three way call with the body shop and the adjuster until they determine who will cover your rental for you. If they still give you a hard time, speak to the body shop owner (remember, they will go out of their way to avoid a bad reputation) and ask to speak to the insurance adjuster supervisor.
However, just make sure you don't try to blame the wrong party for whatever the other party is doing wrong.Car wreck - car rental from insurance - can they refuse to pay?
It was their client that hit you so they don't get to call the shots. Give them a call and tell them that you are a little confused and you are seeking the advice of a lawyer. You might want to add that you seem to be having a lot of headaches and your neck and back seem awfully painful and stiff. If they don't budge then get a lawyer to send them a letter (it shouldn't cost anymore than $150.00)
Yeah, if they hit you in the rear end, why don't you have an attorney? As far as the weekend, you have to count them. The could be renting that car out to someone for a week-end trip. For the missed repairs they (the adjuster and the repair facilities) ALWAYS leave room for that. It's on every estimate. If you have an original copy of the estimate, you should be able to see it on there somewhere. If the insurance adjusted authorized the new repairs He it required to authorize more rental for the repairs. You have several companies you can contact ,quickly. The Insurance Commissioner or your state, and BBB file a compliant against the insurance company. Under no circumstance keep the car without authorization or you'll be liable.
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