Who cares, I am still worried about that example someone gave where I could be rear ended but found to be 1% at fault and get stuck with owing the guy who hit me $500,000. under that hybrid, crossbred, comparative, combined, cumulative negligence law !!!
The term that covers that is "contributory negligence" and I don't think but a few states have a law like that, and, no, I have no idea what they are, but the ludicrousness of a law like that scares me, too...you make a left turn in front of me and cut me off, but because the black box can show that I was doing 36 in a 35 mph zone, I am 1% negligent...so my occupants are devastated with injuries, and my 1% precludes me from recovering against your overhwelming negligence...
All you need to get rid of a law like that is for the Governor's child, or a Senator's child to be that 1% person, suffer serious injuries, and not be able to recover...sadly, that is what is sometimes needed to make change...
I wouldn't be surprised if half the states or more are no-fault states, but I really have no way to verify my suspicions...
marsha7- since you are also in Georgia, I have a question that I hope you might be able to answer for me....we'll say it's "theoretical"....
My car was involved in a collision and the other driver was at fault. The collision occurred in Cherokee County and all parties directly involved reside there. The at-fault driver's insurance company has a Regional Operations Center in Gwinnett County and their claims adjuster is based there. But when I look up the company's "Registered Agent" in the State of Georgia (via Secretary of State website), he is located in Cobb County.
Which county would be the appropriate venue if I decided to file a case against the insurer? As I understand it, it would be Cobb County because I'd be suing a corporation and their Registered Agent is located there....is that correct?
I hate to ask, but I've had a hard time getting a definite answer!? Thanks so much!
You'd be amazed. You can actually still go for a suit for actual medical payments but nothing beyond that. I'm not a lawyer so don't get it all but my brother who is one always says to not even think about it.
2015 Mazda 6 Grand Touring, 2014 Mazda 3 Sport Hatchback, 1999 Mazda Miata 2004 Toyota Camry LE, 1999.
Your answer depends on something you did not state, so I am forced to assume something...if the collision was with a tractor-trailer, they have special rules, and, for now, I will ignore them...I will assume that you were struck by something smaller than a tractor-trailer, i.e. a passenger car, SUV, pickup or small commercial vehicle...
You do not sue the insurance, a common misconception among many...you actually file suit against the DRIVER who struck you, so you would sue the Defendant in the county where THEY reside...so, if you were struck in Cherokee County, but th driver of the at-fault vehicle lives in Fulton, you must file and serve the Defendant in Fulton County...if you were struck by an out-of-state driver, then we have "long-arm" statutes but I won't bore you with that now...
So, as silly as it sounds, you sue the Driver in their county of residence, NOT the insurance company...when the driver is served by the sheriff, they will give the papers to their insurance and their insurance will defend the case and pay it if you win in court, but the actual entity served is the other driver, since they are the actual offending party...so, the registered agent of the insurance means nothing at this point...now, if you were suing the insurance for "bad faith" their registered agent is important, but I am assuming that if you were struck by a Honda, Chevy or other regular vehicle, you sue the driver...UNLESS the driver is a minor, but that is another story...
Thanks for sharing your knowledge marsha7.....but I failed to mention one detail that may affect the answer....
The issue I'm having is with my "Diminished Value" claim. I hired a reputable appraiser to determine what would be a fair and legitimate amount to demand for DV. His report (based on auction sales of similar Mazdas after a moderate to severe accident and subsequent repairs) placed the figure at $2100. He stated in the report cover that he will appear as my expert witness if it went to court. I'm confident in his figure and I'm not willing to settle for less!
I sent the demand letter to the insurance company, so I thought they would be the one that I would file the suit against. I'll be talking with the adjuster again tomorrow, and if she doesn't agree to pay my claim in full, I'll be taking further action. Hopefully the threat of filing a lawsuit in small claims court (which is handled by the County Magistrate Court) will be all it takes to settle this...but if not, I plan to follow through by filing suit immediately!
So....the at-fault driver lives in Cherokee County, would I actually 'sue' her via the Cherokee County Magistrate Court? And then her insurer will deal with it on her behalf? Or do I sue them directly?
Thanks again! This is a messy situation that just keeps getting nastier by the day and I'll be so thankful when it's finally over!!!
Even though it is the insurance that is not paying you a fair price, the damages were caused by the at-fault driver, except that this is a property damage claim instead of an injury claim...I believe you will still sue and serve the other driver, as it would be no different than if her insurance refused to pay to fix your car, you would still sue the person who caused the damages, not their insurance...the FAULT is with the other driver, but their insurance stands in to defend them and pay for the damages their driver caused...
Just remember, before you take the time to head to court, that the burden of proof is yours. I would wonder how much that party that gave you the 2100.00 DV estimate will charge to be your expert witness in court. Also, I assume he inspected your vehicle after the repairs were completed ... otherwise, surely he coulnd't reasonably attest to the diminished value ... certainly not as an expert.
Good luck ... and I'm with Marsha ... the insurance company owes you nothing. The tortfeasor owes you indemnity. If his carrier doesn't want to protect their insured ... well, that's his problem.
But, as a property damage claim, unless you can recover costs in GA, you will quickly realize why most people drop these things. The cost of proving your case, the time involved in doing so, and the subjectively little recovery make it simply not worth your time ... for the most part.
"Just remember, before you take the time to head to court, that the burden of proof is yours. I would wonder how much that party that gave you the 2100.00 DV estimate will charge to be your expert witness in court. Also, I assume he inspected your vehicle after the repairs were completed ... otherwise, surely he coulnd't reasonably attest to the diminished value ... certainly not as an expert."
I do understand that the burden of proof is mine. For that reason, I chose a local appraiser who is both a licensed P&C Adjuster (issued by the "Office of Insurance and Safety Fire Commissioner" in Georgia) and holds an Auctioneer license (issued by the Georgia Auctioneer Commission which is under the authority of our Secretary of State). The Auctioneer license gives him access to extensive vehicle auction transaction data, which is where many cars with a history of moderate to severe damage are sold regardless of the repair quality. He used an average of auction sale values of numerous cars comparable to mine to arrive at the reported figure. Also adding to his credibility, the highest-rated news station in Atlanta has interviewed him multiple times on insurance-related stories AND consumer advocate Clark Howard also endorses him.
I called him today regarding this situation and mentioned that I may end up going to court to get a fair settlement. He reiterated that he would appear in court as my expert witness at no additional cost- the $189 appraisal fee was all inclusive!
While he did inspect my vehicle after it was repaired, but the results of the inspection had no bearing on the final diminished value appraisal. The $2100 that I am claiming is for "Inherent Diminished Value", which is simply the loss of value simply because the accident occurred. Carfax and AutoCheck (vehicle history reports) both show that the car suffered a rear and frontal impact, the driver's side airbag deployed and the vehicle had to be towed). Even though the car looks great after repairs, no one in their right mind would pay as much for it knowing that information. Most buyers wouldn't even consider it at all, no matter the price, with that damage history. I know I wouldn't!
Georgia is probably the best place in the country to pursue a DV claim. They are the only state that allows first-party claims for DV, not just third-party! So if I cause an accident, I can sue my own insurance company for the diminished value on my own vehicle. I contacted a friend of mine who works at the Cherokee County courthouse today and she told me that the Magistrate Court is very much pro-consumer in DV cases seeking reasonable damages. I'm fortunate that I will be filing the suit in Cherokee County (where the at-fault driver lives) because it's also where I was born and raised (and four generations before me), so someone in my family has connections just about everywhere...but that's my dirty little secret in this situation!
One final note- there is an open personal injury claim from this accident, which may not be settled for a while. Unfortunately, my mom was driving the car when it was rear-ended (knocking her into the SUV in front of her and deploying the airbag). She suffered several moderate injuries (two broken toes, a fractured wrist, burns from the airbag on her forearms, severe bruising from the seat belt across her chest), all of which could probably have been settled by now. But she also has a herniated disc and fractured vertebrae in her cervical spine form the harsh impact! All she wants is to be fully reimbursed for all medical treatment and related expenses (medicines, physical therapy, mileage to and from dr. appts) but the insurance company has been very difficult and evasive so far. There is also the question of future medical expenses relating to the cervical spine injury, which are unknown at this point. She wasn't even asking for any sort of 'pain and suffering' compensation, just reimbursement for actual medical expenses...but due to the insurers behavior, we have an appt. with a personal injury attorney on Friday!
Adding insult to injury, the insurance company we're dealing with is also my parents' home & auto insurer and has been for 27 years with no claims!!! I'm not naming any names, but I will say they are definitely NOT "like a good neighbor"...
The Auctioneer's License is not necessarily a good thing, as this somewhat disqualifies him as a "disinterested party". Appraisers are not supposed to be buyers and sellers of cars. Watch out for your appraiser to be attacked on this point.
"The Auctioneer's License is not necessarily a good thing, as this somewhat disqualifies him as a "disinterested party". Appraisers are not supposed to be buyers and sellers of cars. Watch out for your appraiser to be attacked on this point."
There is a very important reason for the Auctioneer License. The most extensive, well-respected source of compiled auction sales data is called "The Manheim Report". It contains a vast number of auction transaction details from all 50 states and vehicles with any accident or damage history are specifically flagged. So 'the Manheim' is actually the only significant record of the selling prices of previously damaged vehicles. By using a guide such as the 'Black Book' or other industry standard publication to determine pre-crash value, he can then identify and document how much less the cars actually sold for! And that difference is the most accurate indication of the true diminished value of the car after it has beenn properly repaired (i.e. "inherent diminished value")!
But Manheim will only allow licensed dealers to purchase and access The Manheim Report! They consider a licensed Auctioneer to be a licensed dealer, which explains why he holds that license. It is the only way he can access the largest source of hard data to support his appraisals, which makes it almost impossible for an insurer to dispute his DV reports. He has never been in the car buying or selling business, he just holds the license to access the auction sales data!
Good points but you'll be surprised at the flak that the enemy will put up in a DV case. They will fight you tooth and nail. You could bring the President of Ford in as your expert witness and they'll be all over him for something or other. Point is, by definition a licensed auctioneer does not qualify as "disinterested". The judge or referee may easily dismiss objections to this technicality and support your point of view---I'm only suggesting you prepare for this beforehand. If you're a doctor who doesn't practice medicine, you're still a doctor. You get what I mean of course.
On a positive note, your claim seems fair and is not a lot of money.
Insurance companies are spooks. You never know how they will react. Sometimes they'll dig their heels in for what seems to be irrational reasons, and other times they'll just say "okay, fine". But DV usually means a fight.
Hope you win. DV claims, while sometimes abused by the insured, do have a legitimacy in my book.
This entire nightmare from the moment of the accident up to this point has been a profoundly shocking but highly educational experience for me! After reading hundreds of articles and postings found all over the internet, I am convinced that most insurance companies are the corporate incarnation of pure evil!!! Some of the stories are almost impossible to believe...until you start finding them repeated by several other policy holders of the same company and a pattern becomes obvious!
I am so thankful to be with the most highly rated insurance company on the basis of customer satisfaction (Amica)....and you can actually get a human on the phone when you need help and that human actually wants to help you and immediately takes appropriate action! They forbid the use of anything but OEM parts on any car repair they cover, whether it's their insured or a third-party hit by their policy holder!
Get this- the day of the accident, I reported it to my insurance company about two hours later (around 1pm) even though the other driver's policy would be responsible to pay. An agent called me at 8pm that evening just to check on me and my mom (who was driving the car and injured in the wreck)....no mention of anything else, just wanting to make sure that she wasn't seriously injured (and she's not even their customer, I am)! That still WOWs me....
The agent called me back three days later to make sure that I had received the rental car provided by the evil company and that my car had been towed to the body shop that I wanted to do the repairs! She gave me her direct line and email address and told me to contact her if I had any problems with the other guys insurance (the evil ones, who I'll just call "SF" for the remainder of this posting...just two letters that I randomly selected, I swear...
When the initial estimate was sent to me, it indicated that State Farm 'required' the use of non-OEM and/or remanufactured (aka- salvage) parts....after my stroke subsided and I regained use of my dialing fingers, I called her and she contacted the adjuster....the next morning I had an amended estimate using only Mazda OEM parts!
She also advised me that EVERY component of the airbag and seatbelt restraint systems needed to be replaced! Even the seatbelt itself and the buckle where it latches could have been compromised and had to be replaced. I also learned about the different components of the airbag system, from the impact sensor(s) to the controle module (the electronic brain that determines when/if to trigger the airbag(s) to the electrical parts behind the airbag unit itself inside the steering wheel. The original estimate had $890 in parts and labor for repairs to the restraint systems (airbag and seatbelt). After she contacted them again, more than $2600 worth of parts alone were replaced just in the airbag and seatbelt systems!
My insurance company has amazed me with their kindness, desire to help and willingness to deal with Satan's Crafty Minions (I meant 'SF) at the first sign of trouble!!! If they can be so amazing and manage to offer that level of service while costing less than most discount insurance companies I checked with recently....why can't any of the other companies do the same? (I intended that last question in a serious manner when I started typing it....but I just busted out laughing when I re-read it....)
The original estimate had $890 in parts and labor for repairs to the restraint systems (airbag and seatbelt). After she contacted them again, more than $2600 worth of parts alone were replaced just in the airbag and seatbelt systems!
Now I see why there have been many repaired vehicles that did not have the airbag repaired along with the rest of the repairs. I don't think there is any requirement for that to happen, but I could be wrong on that. It's just so expensive that I don't think the average individual, who may be paying out of pocket, would have the work done, or the less than honest business man as well.
Oh I could tell you stories if I dared. In one case, my client went into arbitration over a dispute on the value of a restored 1964 Buick Electra convertible. The referee ended up rewarding her $1650 for it!!! Upon further investigation I found out that the insurance company's appraiser and the "impartial" referee were boyfriend and girlfriend (he's married also). I reported this to the insurance company and the State Insurance Board and guess what? This appraiser is still, 3 years later, working for the same insurance company. In another case, a corrupt retired judge was doing arbitrations, as he was on a list of "approved referees". Problem is, he would charge $1000 for an arbitration and then kick back to the insurance company's appraiser who chose him. Those two were busted, thankfully.
Now I usually refuse all referees suggested by the insurance company and let the courts appoint one. I hope (and pray) this is a series of exceptional cases, perhaps relegated to my state, or a small nest of people, but nonetheless, I have completely lost faith in the arbitration system. One can still get a fair arbitration, don't get me wrong, but your appraiser or attorney has to be very very careful of the selection process.
From an attorney's claim standpoint, dealing with Amica is a pleasure...their offers for pain and suffering are fair...would I like more???...yes, but I believe it is my obligation to get a fair settlement for my client, and Amica will often make a very fair offer on the first round of negotiation...I have often recommended to a client to take their first offer if I thought it was fair...
I don't think there is any requirement for that to happen, but I could be wrong on that. It's just so expensive that I don't think the average individual, who may be paying out of pocket, would have the work done, or the less than honest business man as well.
I would imagine that the specific laws regarding replacing/repairing (or not doing so) are different in every state. In some states, including Georgia, an individual can consent to the use of an airbag from a salvage vehicle (for instance, one totaled due to a rear impact, leaving the airbags intact). But it would also create a HUGE liability if/when the owner resells the car. The same would certainly be true if the airbag(s) were simply not replaced at all.
Insurance companies are legally required, to the best of my knowledge, to replace all deployed airbags. But they often are allowed to obtain the replacement parts from recycled/salvage or aftermarket sources, depending on state law.
As for the "less than honest businessman", I'm fairly certain that selling a used car without functional airbags is illegal. Especially so if that information isn't explicitly disclosed prior to finalizing the sale. Cars that have been totaled are issued 'salvage' titles and must pass a state inspection to be certified road worthy after being repaired. In Georgia, replacement of the airbags, if needed, is a requirement of the inspection.
Now I see why there have been many repaired vehicles that did not have the airbag repaired along with the rest of the repairs.
The $890 original estimate covered replacement of the driver's side airbag and the frontal impact sensor with generic (non-OEM parts).
The $2600 total included OEM (genuine Mazda) driver's side airbag, clock-spring (located in the steering wheel behind airbag and often not replaced with the airbag), 'Diagnostic Control Unit' (the central 'brain' of the restraint system; often 'reset' rather than replaced) and frontal impact sensor. The entire driver's seatbelt system (retractor, anchor, adjuster, pretensioner) and the buckle were replaced as was the seat reclining mechanism. After all of that, the car had to be sent to a Mazda dealership for the passenger seat weight sensor to be calibrated and the entire restraint system and overall electrical system to be double-checked.
The fact that the airbag deployed at all in this accident was actually a fluke. When the my car was rear-ended and knocked into the BMW X5 SUV stopped directly ahead, the front impact sensor hit the SUV's trailer hitch dead-on! Otherwise, the body shop and dealership both say it wouldn't have deployed; which explains why there was no frame/structural damage and all parts replaced were bolt-on components (front and rear bumper sub-structures and covers, radiator core support and radiator, etc.)...
If there had been frame damage, I would have demanded the car be totaled....and I wonder now if that would've been a better decision than having it repaired???
I ended up with Amica after I had a minor accident with one of their customer. I was at fault, but there was less than $1000 in damage to the other vehicle. My insurance company didn't respond to me or her insurer (Amica) for over two weeks after the accident, even though I reported it the day it occurred! I was so embarrassed, I called Amica to offer an apology and ask how they would like for me to handle it.
They advised me to file a complaint with the Georgia Insurance Commissioner and that they had already authorized the repairs to her car. They would pay for the repairs then pursue my insurance company for reimbursement. I asked the rep to follow-up with me to let me know when they received reimbursement. A few months later, she called and told me they finally got 'most' of their money back. I offered to pay the difference out of my pocket, but she said that wasn't necessary.
Then she shocked me by asking me if I would be interested in getting a quote since I was so unhappy with my current insurer!?!? Since I had no other claims or tickets in the previous three years and the accident was under $1000, they wouldn't count any of that against me. The quote was $280/year less than my existing policy, so I switched that day....almost five years ago and they've never let me down!
I had Amica the last few years for my homeowners based on price. They were way higher on the car insurance though so I used someone else. Mostly I shop quotes and go with the cheapest. Just did a glass claim with Liberty Mutual and they did the contractor routine and sent a mobile truck out. Other than the installer being way late, the service was good. But I'm due for renewal and I'm about to go with yet another (cheaper) company. :shades:
Interesting sidebar (to me anyway) - auto glass prices are way down. My van's windshield would have cost ~$500 a few years ago. The current going rate is close to $250. So after my $100 deductible, I only "saved" $150.
Amica has actually ranked highest in customer satisfaction for 11 consecutive years. The next highest ranking company is Auto-Owners followed by GEICO. Another top rated company is Erie Insurance, but they only do business in 11 states (on the East Coast and mid-west). You may want to see what kind of quote they can offer you.
You never really know the true nature of your auto insurer until you file a claim! I know for a fact that State Farm, Allstate and Progressive are all a major pain to deal with, whether you're their customer or a third-party.
I've not heard much about Liberty Mutual, but good to know you've had no issues with them. Just be careful about always going with the lowest quote...often times, you get what you pay for!
That's the rub for most of us. Except for glass, the last claim I made was back in the late 70's. I wouldn't buy Allstate, and had ok runs with State Farm (30 years ago) but never Progressive. State Farm is usually been expensive when I've gotten quotes.
I just went through a local broker instead of online for the first time in a decade, and I've already forgotten the name of the A- regional company he signed me up with. :shades:
I have been reading thru this forum hoping to educate myself on the process since I have never had to do this before. I learned a great deal, but now I'm stuck.
I was in a 3 car accident on the freeway 13 days ago. I was in the fast lane when I noticed a car out of control coming up the on ramp. He lost control, I saw him hit something and go down an embankment. Next thing I new a white pickup truck was headed straight for me across the other lanes. I swerved out to the left to try and avoid the collision, but couldn't.
I contacted my insurance at the scene. I had to wait 4 days to get the driver's info since he went to the hospital. We found out he has AAA insurance. My company filed a claim with them a week ago. Since then AAA has never returned any of our calls. I got the police report which states their insured caused the accident by driving too fast and rearending the truck in front of him, which then caused him to hit me. We already faxed this to AAA. My car has $8,500 in damage. My insurance has been great and are handling my repair. The problem is I didn't have rental coverage on my policy, so I need to get AAA to rent me a car for the 3-4 weeks I'm with out my car if I can. I have already rented a car for one week, but with all these expenses ( medical bills, etc.. ) adding up I'm getting worried.
I leave a message every day, sometimes twice, and so does my rep. Today I called for the AAA manager and had to leave a message. I read they have 15 days to claim liability once the claim is filed ( CA ). Should I just keep waiting ? Do I have any options at this point ?
Sorry to hear about your accident, but I think you have a pretty good handle on things. It seems the biggest issue you're concerned about is the rental. This should be covered, with limits, by AAA insurance. Granted it may take some time to get reimbursed, but from the accident report, this shouldn't be a problem.
My advice would be to give it a couple weeks, maybe send some kind of demand letter so it's fully documented. Everything else is being taken care of by your ins co so you are way ahead of the game.
What makes you think AAA owes him a rental? I mean, it would be NICE of them, but they aren't obligated to do so, far as I know (please someone correct me if I'm missing something here).
For starters, what state are you in? So many laws and rights vary by state that it would be help us give you advice if we know which of the 50 we're dealing with!
Non-response from the at-fault driver's insurer (AAA)- you were smart to turn to your own insurance company for help. Even though you don't have Car Rental Reimbursement coverage on your policy, have you asked them about getting you a rental because AAA will be required to do so and will reimburse them??? At the very least, ask your insurer to set you up in a rental car at their negotiated rate rather than the consumer rate you're likely paying now! FYI- I spent a month in a rental paid for by State Farm and their daily rate on a mid-size car was $23.58, which was almost half what anyone off the street would be charged...at least it would help you save out-of-pocket expenses even though they'll eventually be reimbursed.
I'm a AAA Member, but not insured by them, but I was able to get some ideas that might help you get a response! First of all, I believe that AAA is affiliated with quite a few insurance companies and sells their policies via AAA Auto Insurance. Still, AAA sold the policy, so AAA needs to respond to the claim immediately! If you don't already have this number, I found 1-800-67-CLAIM as the claims reporting number. You can also try these customer service numbers and might have some luck getting to a human being- 1-866-514-8261, 1-800-222-3854 and 727-826-2234. I also found a fax number if you want to give that a shot- 1-877-391-7942.
Another tactic is to find the nearest physical office of AAA Insurance (usually a combine AAA Travel and AAA Insurance sales office) and pay them a visit. Explain your situation, be polite and friendly but also be FIRM in your demand for a response from their company! The agent(s) in any office most likely have a way to contact a manager in the claims department! They'll probably help you for one of two reasons- hoping that they will sell you an AAA membership and policy OR to get you the heck out of their office! Hint that you want to talk about joining AAA with them, but want to get in touch with claims first to get that off of your mind....necessary evil, in my opinion. If you need help locating an office in your area, just let me know and I'll find you some addresses!
You may also want to go ahead and contact your state Insurance Commissioner's office. You can file an official complaint with them and they will open an investigation, contact the insurance company, etc. It has been effective here in Georgia for some folks, but each state varies in their level of assistance and effectiveness. Still, it's an option.
Loss of use or Rental Car Reimbursement is covered by the at-fault's insurer. At least that's how it works in Georgia. When I was hit, the at-fault driver's insurer had me set up in a rental car within a few days.
Thank you for the great advice. I am in California. I don't think AAA " owes " me a rental car at this point. I simply stated I would like to at least request they put me in one since their driver was at fault. I realize I can pay for one ( and so far I have ) and get reimbursed from AAA, eventually. I was hoping to work with them, have them arrange a car on their discount, and save them money while trying to limit my out of pocket expenses.
Unfortunately I'm already a AAA member, which I'm seriously considering canceling after such horrid customer service. I will give those numbers a try.
I don't want to have unrealistic expectations about the process, but I want to make sure I'm not getting played for a fool.
I will ask my insurance to provide the rental and see what they say, especially since they are not getting returned calls either.
I know in some states insurance companies will have limits, either number of days or the per diem amount; also you will probably have to front the money for the rental even if the at-fault party's insurance will eventually cough it up.
Also (it doesn't get easier), if you are under 21 you might have trouble getting a rental car.
I would hope that if you rent a reasonable car, similar to the one you lost, and if the repairs don't drag on for an unusual amount of time, that any insurance company with a shred of self-respect would take care of your rental and compensate you.
I'm just sayin--- don't take anything for granted, keep good notes & records, and be prepared, if they start shaving on rental car costs, to put IN WRITING why they are carving on the rental car expenses.
I'm not aware of a day limitation or amount and it may vary by insurer with some only allowing the absolute minimum they can get by with. On my own policy, I have coverage for up to 30 days and up to $40 per day, but that applies to me if I'm at-fault in an accident. The BIG companies (State Farm and GEICO, I know) have dirt cheap pre-negotiated rates with the major rental companies and they pay them directly rather than reimbursing you at a later date. It's really to their benefit to pay direct because the rate is so much lower.
State Farm (the other driver's insurer) paid for my rental car for 32 days while my repair dragged on and on. There were several complications because the airbag system had to be replaced and the body shop had to load it up on a flat bed truck and take it to a Mazda dealer twice to have the system reset and calibrated! But I digress...I do know that Georgia courts ruled that insurers are NOT responsible for providing rental cars over an extended period if it's caused by a parts delay. In most instances, they will but that court case was some crazy situation...
It's also expected that you rent a vehicle similar to your own. So if you wreck a Ford Festiva and try to get them to rent you a Suburban, it's not gonna fly. I have a Mazda3 and they provided me with a Toyota Corolla...which I quickly renamed the Crapolla. It blows my mind that they sell 25-30k of those things each month!!! But that's a whole 'nother issue...
I'm sure the rules and norms are very different in no-fault states...thankfully, Georgia is not one!
the AAA adjuster has to deal with, Rental Reimbursment is not worth moving to the top of his priority list when he has to deal with deaths, major bodily injuries, damaged luxury vehicles, & broken bikes. He is just too busy with more important files all the time.
IIRC here in MA, if you are not at fault your collision coverage will pay for a rental. Your insurer should cover it and then chase the other insurer for re-payment.
I never get involved with the other party's insurer. I always deal with mine and let them settle with the other carrier.
Obviously I have more damages then a rental car reimbursement on my claim. I happen to have a severely damaged "luxury vehicle" that is not driveable, medical bills, lost wages....etc. In my opinion it doesn't matter what kind of car I drive I should still be treated with respect. Yes, maybe my damages are not nearly as severe as others, and I'm very grateful for that.
I don't think it's unreasonable to expect a returned phone call when it's been 8 days now and I have never spoken to the AAA adjuster.I have offered to correspond via email or fax if she is too busy to call me. It's obviously an avoidance/delay tactic at this point.
I was simply looking for some feedback from others as to how I should proceed. I have been given very helpful info from all the others and it's much appreciated.
Well one thing I can say is what I've said before. You can't take any of this personally. Insurance companies are not about "justice" or "fairness". If you go in with that kind of expectation, I fear you may be disappointed. It's all about "the bottom line" + "clever maneuvers" (as you yourself phrased it--"tactics"). So if you keep your eye on that a) it's all about money and b) it's all about making the right moves, then things could work out for you, with persistence, I think. Every time your feelings get hurt or you get angry, I'd back off this set of emotions, and stick to facts, phone numbers and bangin' away on the door (or getting people to help you bang away).
Sometimes you have to threaten with a lawyer's letter or a complaint to the State Insurance Board to dislodge them from their lethargy. The operative term that gets their attention is "failure to act in good faith", which they are required by law to perform.
I will say though, that the service level rendered to you is pretty pathetic.
I think I read that advice earlier in this forum when I started all this. It really helped to get some perspective of the claims process.
I try to keep in mind all the fraud and exaggerated claims they deal with on a constant basis. I can imagine their job is not fun dealing with unhappy people all the time.
Thanks for the words of wisdom and I will let you know how it's going ( or not going ).
"IIRC here in MA, if you are not at fault your collision coverage will pay for a rental."
Interesting...here in GA, if you purchase rental coverage (nominal, $20/year???) you get 30 days rental at whatever rate your contract says...
If the at-fault driver is insured, they have to pay for your rental while your car is being repaired, as you have been deprived of your vehicle...but if your car is TOTALLED (one L or 2 in totalled?) they really don't have to pay for any rental at all, because they are, in essence, buying your car from you...most companies will give you 3-5 days rental to search for another car, but you can't keep the rental for 2 months while looking for the "perfect deal", if you catch my drift...
I had that years ago. Got t-boned by an old guy who decided he wasn't stopping for stop signs anymore. To be fair his insurance ponied up on the rental right away. After a bit they decided that we were done negotiating what my totaled car was worth and that the next day the rental started being on me. I asked for a few more days and I'd pick up their settlement check that day. That worked for them.
Just as well. The rental was a Lumina. I replaced it with a Maxima wagon.
2015 Mazda 6 Grand Touring, 2014 Mazda 3 Sport Hatchback, 1999 Mazda Miata 2004 Toyota Camry LE, 1999.
Interesting...here in GA, if you purchase rental coverage (nominal, $20/year???) you get 30 days rental at whatever rate your contract says...
We have that option as well. It covers you if you are at fault or if it was a hit and run. IIRC, I pay about $40 a year for 30 days of coverage - max of $15 a day or $450 per year. To upgrade to $25 a day, it was around an extra $100 a year.
I understand you were only trying to get Rental out of the AAA carrier because your company was taking care of all the rest. A request for a rental ranks low on the adjuster's important to deal with list.
As you decided to use your carrier to handle your claim, your carrier has notified the AAA carrier so they can set "Reserves" up to eventually reimburse your carrier. As such, the AAA carrier is already communicating with your representative company & as your company will not have a Rental expense involved, the AAA carrier doesn't expect to reimburse for that expense. Perhaps you can borrow the case number from your carrier so as to more easily identify your Rental claim.
That sounds really great, except for the fact that the AAA adjuster refuses to return my insurance agents calls also. Neither myself or insurance have spoken to anyone from AAA since we filed the claim with them 8 days ago.
My adjuster faxed the police report to AAA days ago with no reply. I left 2 messages with the AAA manager asking for a returned phone call, and still nothing.
I have the AAA claim # and I always reference it with my messages. I realize there are probably more severe cases they work on, but wouldn't you think closing a simple claim and getting it off their desk would be more time efficient ? Those other cases with lots of damage and medical take months to resolve. With your philosophy about higher priority claims taking precedence, my claim will never be looked at. There are hundreds of accidents every day !
All I would like is an update on my claim status... I don't think that's being demanding !
It's never good when an adjuster, yours or otherwise, refuses to communicate. Though in reading between the lines here, I would have to agree with what has already been noted.
There's a few options here that may be causing a delay. 1. Liability is not as clear as you indicate. 2. Coverage is lacking, or not in order for the alleged AAA insured. 3. AAA has been advised that your carrier is resolving the damages and they are awaiting subrogation from them ... alllowing you some time to heal before addressing any injury claims that you may have. 4. Any number of workload related issues.
Good luck with this. I would ensure, in the future, that you add rental coverage to your policy so that you don't have to deal with these issues; however, they never entirely go away. As I said, it just happened to be AAA this time, next time it may be your adjuster.
Since you have medical bills, lost wages and other financial claims beyond repair or replacement of the vehicle, you should at least consult an attorney. Otherwise, you are VERY unlikely to get fully reimbursed even for your direct, documented expenses! And whatever you do, DON'T sign any sort of medical records release that the insurance company sends you! It should be illegal, but when a third party is injured in an accident, it's common practice. They send you a form saying it will help them expedite the claim, but it allows them access to any and all of your medical records with any doctor! Then they try to find reason in your medical history to deny your claim! If you had a minor neck injury 10 years ago, then they're not paying for your major cervical spine injury from the wreck!!! There has to be a special place in hell for them,....
You may have to accept the fact that the AAA carrier's Claims Dept. believes, "If you ignore it long enough, it will go away." Their nonverbal communication really is telling you the message they want you to get. And you can't do a damn thing about it because they are in control.
Uh huh, and I would add a 5th reason. The longer they stonewall you and delay, the more interest they make on the money they are not paying you. It doesn't seem like much until you multiply it by the thousands of others getting the same treatment. That is one of their primary jobs.
Just keep hassling the hell out of them and try to make up for their tactics in the final settlement. Someone said, "don't get mad", and I agree...but do get even !!
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2013 LX 570 2016 LS 460
All you need to get rid of a law like that is for the Governor's child, or a Senator's child to be that 1% person, suffer serious injuries, and not be able to recover...sadly, that is what is sometimes needed to make change...
I wouldn't be surprised if half the states or more are no-fault states, but I really have no way to verify my suspicions...
My car was involved in a collision and the other driver was at fault. The collision occurred in Cherokee County and all parties directly involved reside there. The at-fault driver's insurance company has a Regional Operations Center in Gwinnett County and their claims adjuster is based there. But when I look up the company's "Registered Agent" in the State of Georgia (via Secretary of State website), he is located in Cobb County.
Which county would be the appropriate venue if I decided to file a case against the insurer? As I understand it, it would be Cobb County because I'd be suing a corporation and their Registered Agent is located there....is that correct?
I hate to ask, but I've had a hard time getting a definite answer!? Thanks so much!
NO FAULT VS. TORT LIABILITY
I see that some states have a rule where you can override the threshold and sue for personal injuries even in a no-fault situation.
Most states it seems are not no-fault. California for instance is not.
There are currently nine No-Fault states:
Hawaii
Florida
Kansas
Massachusetts
Michigan
Minnesota
North Dakota
New York
Utah
"Choice" states (you can choose between a No Fault or 'tort policy'):
Kentucky
New Jersey
Pennsylvania
District of Columbia
You do not sue the insurance, a common misconception among many...you actually file suit against the DRIVER who struck you, so you would sue the Defendant in the county where THEY reside...so, if you were struck in Cherokee County, but th driver of the at-fault vehicle lives in Fulton, you must file and serve the Defendant in Fulton County...if you were struck by an out-of-state driver, then we have "long-arm" statutes but I won't bore you with that now...
So, as silly as it sounds, you sue the Driver in their county of residence, NOT the insurance company...when the driver is served by the sheriff, they will give the papers to their insurance and their insurance will defend the case and pay it if you win in court, but the actual entity served is the other driver, since they are the actual offending party...so, the registered agent of the insurance means nothing at this point...now, if you were suing the insurance for "bad faith" their registered agent is important, but I am assuming that if you were struck by a Honda, Chevy or other regular vehicle, you sue the driver...UNLESS the driver is a minor, but that is another story...
The issue I'm having is with my "Diminished Value" claim. I hired a reputable appraiser to determine what would be a fair and legitimate amount to demand for DV. His report (based on auction sales of similar Mazdas after a moderate to severe accident and subsequent repairs) placed the figure at $2100. He stated in the report cover that he will appear as my expert witness if it went to court. I'm confident in his figure and I'm not willing to settle for less!
I sent the demand letter to the insurance company, so I thought they would be the one that I would file the suit against. I'll be talking with the adjuster again tomorrow, and if she doesn't agree to pay my claim in full, I'll be taking further action. Hopefully the threat of filing a lawsuit in small claims court (which is handled by the County Magistrate Court) will be all it takes to settle this...but if not, I plan to follow through by filing suit immediately!
So....the at-fault driver lives in Cherokee County, would I actually 'sue' her via the Cherokee County Magistrate Court? And then her insurer will deal with it on her behalf? Or do I sue them directly?
Thanks again! This is a messy situation that just keeps getting nastier by the day and I'll be so thankful when it's finally over!!!
Good luck ... and I'm with Marsha ... the insurance company owes you nothing. The tortfeasor owes you indemnity. If his carrier doesn't want to protect their insured ... well, that's his problem.
But, as a property damage claim, unless you can recover costs in GA, you will quickly realize why most people drop these things. The cost of proving your case, the time involved in doing so, and the subjectively little recovery make it simply not worth your time ... for the most part.
I do understand that the burden of proof is mine. For that reason, I chose a local appraiser who is both a licensed P&C Adjuster (issued by the "Office of Insurance and Safety Fire Commissioner" in Georgia) and holds an Auctioneer license (issued by the Georgia Auctioneer Commission which is under the authority of our Secretary of State). The Auctioneer license gives him access to extensive vehicle auction transaction data, which is where many cars with a history of moderate to severe damage are sold regardless of the repair quality. He used an average of auction sale values of numerous cars comparable to mine to arrive at the reported figure. Also adding to his credibility, the highest-rated news station in Atlanta has interviewed him multiple times on insurance-related stories AND consumer advocate Clark Howard also endorses him.
I called him today regarding this situation and mentioned that I may end up going to court to get a fair settlement. He reiterated that he would appear in court as my expert witness at no additional cost- the $189 appraisal fee was all inclusive!
While he did inspect my vehicle after it was repaired, but the results of the inspection had no bearing on the final diminished value appraisal. The $2100 that I am claiming is for "Inherent Diminished Value", which is simply the loss of value simply because the accident occurred. Carfax and AutoCheck (vehicle history reports) both show that the car suffered a rear and frontal impact, the driver's side airbag deployed and the vehicle had to be towed). Even though the car looks great after repairs, no one in their right mind would pay as much for it knowing that information. Most buyers wouldn't even consider it at all, no matter the price, with that damage history. I know I wouldn't!
Georgia is probably the best place in the country to pursue a DV claim. They are the only state that allows first-party claims for DV, not just third-party! So if I cause an accident, I can sue my own insurance company for the diminished value on my own vehicle. I contacted a friend of mine who works at the Cherokee County courthouse today and she told me that the Magistrate Court is very much pro-consumer in DV cases seeking reasonable damages. I'm fortunate that I will be filing the suit in Cherokee County (where the at-fault driver lives) because it's also where I was born and raised (and four generations before me), so someone in my family has connections just about everywhere...but that's my dirty little secret in this situation!
One final note- there is an open personal injury claim from this accident, which may not be settled for a while. Unfortunately, my mom was driving the car when it was rear-ended (knocking her into the SUV in front of her and deploying the airbag). She suffered several moderate injuries (two broken toes, a fractured wrist, burns from the airbag on her forearms, severe bruising from the seat belt across her chest), all of which could probably have been settled by now. But she also has a herniated disc and fractured vertebrae in her cervical spine form the harsh impact! All she wants is to be fully reimbursed for all medical treatment and related expenses (medicines, physical therapy, mileage to and from dr. appts) but the insurance company has been very difficult and evasive so far. There is also the question of future medical expenses relating to the cervical spine injury, which are unknown at this point. She wasn't even asking for any sort of 'pain and suffering' compensation, just reimbursement for actual medical expenses...but due to the insurers behavior, we have an appt. with a personal injury attorney on Friday!
Adding insult to injury, the insurance company we're dealing with is also my parents' home & auto insurer and has been for 27 years with no claims!!! I'm not naming any names, but I will say they are definitely NOT "like a good neighbor"...
There is a very important reason for the Auctioneer License. The most extensive, well-respected source of compiled auction sales data is called "The Manheim Report". It contains a vast number of auction transaction details from all 50 states and vehicles with any accident or damage history are specifically flagged. So 'the Manheim' is actually the only significant record of the selling prices of previously damaged vehicles. By using a guide such as the 'Black Book' or other industry standard publication to determine pre-crash value, he can then identify and document how much less the cars actually sold for! And that difference is the most accurate indication of the true diminished value of the car after it has beenn properly repaired (i.e. "inherent diminished value")!
But Manheim will only allow licensed dealers to purchase and access The Manheim Report! They consider a licensed Auctioneer to be a licensed dealer, which explains why he holds that license. It is the only way he can access the largest source of hard data to support his appraisals, which makes it almost impossible for an insurer to dispute his DV reports. He has never been in the car buying or selling business, he just holds the license to access the auction sales data!
On a positive note, your claim seems fair and is not a lot of money.
Insurance companies are spooks. You never know how they will react. Sometimes they'll dig their heels in for what seems to be irrational reasons, and other times they'll just say "okay, fine". But DV usually means a fight.
Hope you win. DV claims, while sometimes abused by the insured, do have a legitimacy in my book.
I am so thankful to be with the most highly rated insurance company on the basis of customer satisfaction (Amica)....and you can actually get a human on the phone when you need help and that human actually wants to help you and immediately takes appropriate action! They forbid the use of anything but OEM parts on any car repair they cover, whether it's their insured or a third-party hit by their policy holder!
Get this- the day of the accident, I reported it to my insurance company about two hours later (around 1pm) even though the other driver's policy would be responsible to pay. An agent called me at 8pm that evening just to check on me and my mom (who was driving the car and injured in the wreck)....no mention of anything else, just wanting to make sure that she wasn't seriously injured (and she's not even their customer, I am)! That still WOWs me....
The agent called me back three days later to make sure that I had received the rental car provided by the evil company and that my car had been towed to the body shop that I wanted to do the repairs! She gave me her direct line and email address and told me to contact her if I had any problems with the other guys insurance (the evil ones, who I'll just call "SF" for the remainder of this posting...just two letters that I randomly selected, I swear...
When the initial estimate was sent to me, it indicated that State Farm 'required' the use of non-OEM and/or remanufactured (aka- salvage) parts....after my stroke subsided and I regained use of my dialing fingers, I called her and she contacted the adjuster....the next morning I had an amended estimate using only Mazda OEM parts!
She also advised me that EVERY component of the airbag and seatbelt restraint systems needed to be replaced! Even the seatbelt itself and the buckle where it latches could have been compromised and had to be replaced. I also learned about the different components of the airbag system, from the impact sensor(s) to the controle module (the electronic brain that determines when/if to trigger the airbag(s) to the electrical parts behind the airbag unit itself inside the steering wheel. The original estimate had $890 in parts and labor for repairs to the restraint systems (airbag and seatbelt). After she contacted them again, more than $2600 worth of parts alone were replaced just in the airbag and seatbelt systems!
My insurance company has amazed me with their kindness, desire to help and willingness to deal with Satan's Crafty Minions (I meant 'SF) at the first sign of trouble!!! If they can be so amazing and manage to offer that level of service while costing less than most discount insurance companies I checked with recently....why can't any of the other companies do the same? (I intended that last question in a serious manner when I started typing it....but I just busted out laughing when I re-read it....)
Now I see why there have been many repaired vehicles that did not have the airbag repaired along with the rest of the repairs. I don't think there is any requirement for that to happen, but I could be wrong on that. It's just so expensive that I don't think the average individual, who may be paying out of pocket, would have the work done, or the less than honest business man as well.
Now I usually refuse all referees suggested by the insurance company and let the courts appoint one. I hope (and pray) this is a series of exceptional cases, perhaps relegated to my state, or a small nest of people, but nonetheless, I have completely lost faith in the arbitration system. One can still get a fair arbitration, don't get me wrong, but your appraiser or attorney has to be very very careful of the selection process.
I would imagine that the specific laws regarding replacing/repairing (or not doing so) are different in every state. In some states, including Georgia, an individual can consent to the use of an airbag from a salvage vehicle (for instance, one totaled due to a rear impact, leaving the airbags intact). But it would also create a HUGE liability if/when the owner resells the car. The same would certainly be true if the airbag(s) were simply not replaced at all.
Insurance companies are legally required, to the best of my knowledge, to replace all deployed airbags. But they often are allowed to obtain the replacement parts from recycled/salvage or aftermarket sources, depending on state law.
As for the "less than honest businessman", I'm fairly certain that selling a used car without functional airbags is illegal. Especially so if that information isn't explicitly disclosed prior to finalizing the sale. Cars that have been totaled are issued 'salvage' titles and must pass a state inspection to be certified road worthy after being repaired. In Georgia, replacement of the airbags, if needed, is a requirement of the inspection.
Now I see why there have been many repaired vehicles that did not have the airbag repaired along with the rest of the repairs.
The $890 original estimate covered replacement of the driver's side airbag and the frontal impact sensor with generic (non-OEM parts).
The $2600 total included OEM (genuine Mazda) driver's side airbag, clock-spring (located in the steering wheel behind airbag and often not replaced with the airbag), 'Diagnostic Control Unit' (the central 'brain' of the restraint system; often 'reset' rather than replaced) and frontal impact sensor. The entire driver's seatbelt system (retractor, anchor, adjuster, pretensioner) and the buckle were replaced as was the seat reclining mechanism. After all of that, the car had to be sent to a Mazda dealership for the passenger seat weight sensor to be calibrated and the entire restraint system and overall electrical system to be double-checked.
The fact that the airbag deployed at all in this accident was actually a fluke. When the my car was rear-ended and knocked into the BMW X5 SUV stopped directly ahead, the front impact sensor hit the SUV's trailer hitch dead-on! Otherwise, the body shop and dealership both say it wouldn't have deployed; which explains why there was no frame/structural damage and all parts replaced were bolt-on components (front and rear bumper sub-structures and covers, radiator core support and radiator, etc.)...
If there had been frame damage, I would have demanded the car be totaled....and I wonder now if that would've been a better decision than having it repaired???
They advised me to file a complaint with the Georgia Insurance Commissioner and that they had already authorized the repairs to her car. They would pay for the repairs then pursue my insurance company for reimbursement. I asked the rep to follow-up with me to let me know when they received reimbursement. A few months later, she called and told me they finally got 'most' of their money back. I offered to pay the difference out of my pocket, but she said that wasn't necessary.
Then she shocked me by asking me if I would be interested in getting a quote since I was so unhappy with my current insurer!?!? Since I had no other claims or tickets in the previous three years and the accident was under $1000, they wouldn't count any of that against me. The quote was $280/year less than my existing policy, so I switched that day....almost five years ago and they've never let me down!
Interesting sidebar (to me anyway) - auto glass prices are way down. My van's windshield would have cost ~$500 a few years ago. The current going rate is close to $250. So after my $100 deductible, I only "saved" $150.
You never really know the true nature of your auto insurer until you file a claim! I know for a fact that State Farm, Allstate and Progressive are all a major pain to deal with, whether you're their customer or a third-party.
I've not heard much about Liberty Mutual, but good to know you've had no issues with them. Just be careful about always going with the lowest quote...often times, you get what you pay for!
I just went through a local broker instead of online for the first time in a decade, and I've already forgotten the name of the A- regional company he signed me up with. :shades:
I was in a 3 car accident on the freeway 13 days ago. I was in the fast lane when I noticed a car out of control coming up the on ramp. He lost control, I saw him hit something and go down an embankment. Next thing I new a white pickup truck was headed straight for me across the other lanes. I swerved out to the left to try and avoid the collision, but couldn't.
I contacted my insurance at the scene. I had to wait 4 days to get the driver's info since he went to the hospital. We found out he has AAA insurance. My company filed a claim with them a week ago. Since then AAA has never returned any of our calls. I got the police report which states their insured caused the accident by driving too fast and rearending the truck in front of him, which then caused him to hit me. We already faxed this to AAA. My car has $8,500 in damage. My insurance has been great and are handling my repair. The problem is I didn't have rental coverage on my policy, so I need to get AAA to rent me a car for the 3-4 weeks I'm with out my car if I can. I have already rented a car for one week, but with all these expenses ( medical bills, etc.. ) adding up I'm getting worried.
I leave a message every day, sometimes twice, and so does my rep. Today I called for the AAA manager and had to leave a message. I read they have 15 days to claim liability once the claim is filed ( CA ). Should I just keep waiting ? Do I have any options at this point ?
Thanks !
My advice would be to give it a couple weeks, maybe send some kind of demand letter so it's fully documented. Everything else is being taken care of by your ins co so you are way ahead of the game.
Good luck, and let us know how things play out.
Non-response from the at-fault driver's insurer (AAA)- you were smart to turn to your own insurance company for help. Even though you don't have Car Rental Reimbursement coverage on your policy, have you asked them about getting you a rental because AAA will be required to do so and will reimburse them??? At the very least, ask your insurer to set you up in a rental car at their negotiated rate rather than the consumer rate you're likely paying now! FYI- I spent a month in a rental paid for by State Farm and their daily rate on a mid-size car was $23.58, which was almost half what anyone off the street would be charged...at least it would help you save out-of-pocket expenses even though they'll eventually be reimbursed.
I'm a AAA Member, but not insured by them, but I was able to get some ideas that might help you get a response! First of all, I believe that AAA is affiliated with quite a few insurance companies and sells their policies via AAA Auto Insurance. Still, AAA sold the policy, so AAA needs to respond to the claim immediately! If you don't already have this number, I found 1-800-67-CLAIM as the claims reporting number. You can also try these customer service numbers and might have some luck getting to a human being- 1-866-514-8261, 1-800-222-3854 and 727-826-2234. I also found a fax number if you want to give that a shot- 1-877-391-7942.
Another tactic is to find the nearest physical office of AAA Insurance (usually a combine AAA Travel and AAA Insurance sales office) and pay them a visit. Explain your situation, be polite and friendly but also be FIRM in your demand for a response from their company! The agent(s) in any office most likely have a way to contact a manager in the claims department! They'll probably help you for one of two reasons- hoping that they will sell you an AAA membership and policy OR to get you the heck out of their office! Hint that you want to talk about joining AAA with them, but want to get in touch with claims first to get that off of your mind....necessary evil, in my opinion. If you need help locating an office in your area, just let me know and I'll find you some addresses!
You may also want to go ahead and contact your state Insurance Commissioner's office. You can file an official complaint with them and they will open an investigation, contact the insurance company, etc. It has been effective here in Georgia for some folks, but each state varies in their level of assistance and effectiveness. Still, it's an option.
Good luck!
Unfortunately I'm already a AAA member, which I'm seriously considering canceling after such horrid customer service. I will give those numbers a try.
I don't want to have unrealistic expectations about the process, but I want to make sure I'm not getting played for a fool.
I will ask my insurance to provide the rental and see what they say, especially since they are not getting returned calls either.
Thanks Again !
I know in some states insurance companies will have limits, either number of days or the per diem amount; also you will probably have to front the money for the rental even if the at-fault party's insurance will eventually cough it up.
Also (it doesn't get easier), if you are under 21 you might have trouble getting a rental car.
I would hope that if you rent a reasonable car, similar to the one you lost, and if the repairs don't drag on for an unusual amount of time, that any insurance company with a shred of self-respect would take care of your rental and compensate you.
I'm just sayin--- don't take anything for granted, keep good notes & records, and be prepared, if they start shaving on rental car costs, to put IN WRITING why they are carving on the rental car expenses.
State Farm (the other driver's insurer) paid for my rental car for 32 days while my repair dragged on and on. There were several complications because the airbag system had to be replaced and the body shop had to load it up on a flat bed truck and take it to a Mazda dealer twice to have the system reset and calibrated! But I digress...I do know that Georgia courts ruled that insurers are NOT responsible for providing rental cars over an extended period if it's caused by a parts delay. In most instances, they will but that court case was some crazy situation...
It's also expected that you rent a vehicle similar to your own. So if you wreck a Ford Festiva and try to get them to rent you a Suburban, it's not gonna fly. I have a Mazda3 and they provided me with a Toyota Corolla...which I quickly renamed the Crapolla. It blows my mind that they sell 25-30k of those things each month!!! But that's a whole 'nother issue...
I'm sure the rules and norms are very different in no-fault states...thankfully, Georgia is not one!
I never get involved with the other party's insurer. I always deal with mine and let them settle with the other carrier.
I don't think it's unreasonable to expect a returned phone call when it's been 8 days now and I have never spoken to the AAA adjuster.I have offered to correspond via email or fax if she is too busy to call me. It's obviously an avoidance/delay tactic at this point.
I was simply looking for some feedback from others as to how I should proceed. I have been given very helpful info from all the others and it's much appreciated.
Sometimes you have to threaten with a lawyer's letter or a complaint to the State Insurance Board to dislodge them from their lethargy. The operative term that gets their attention is "failure to act in good faith", which they are required by law to perform.
I will say though, that the service level rendered to you is pretty pathetic.
I try to keep in mind all the fraud and exaggerated claims they deal with on a constant basis. I can imagine their job is not fun dealing with unhappy people all the time.
Thanks for the words of wisdom and I will let you know how it's going ( or not going ).
Interesting...here in GA, if you purchase rental coverage (nominal, $20/year???) you get 30 days rental at whatever rate your contract says...
If the at-fault driver is insured, they have to pay for your rental while your car is being repaired, as you have been deprived of your vehicle...but if your car is TOTALLED (one L or 2 in totalled?) they really don't have to pay for any rental at all, because they are, in essence, buying your car from you...most companies will give you 3-5 days rental to search for another car, but you can't keep the rental for 2 months while looking for the "perfect deal", if you catch my drift...
Just as well. The rental was a Lumina. I replaced it with a Maxima wagon.
We have that option as well. It covers you if you are at fault or if it was a hit and run. IIRC, I pay about $40 a year for 30 days of coverage - max of $15 a day or $450 per year. To upgrade to $25 a day, it was around an extra $100 a year.
My adjuster faxed the police report to AAA days ago with no reply. I left 2 messages with the AAA manager asking for a returned phone call, and still nothing.
I have the AAA claim # and I always reference it with my messages. I realize there are probably more severe cases they work on, but wouldn't you think closing a simple claim and getting it off their desk would be more time efficient ? Those other cases with lots of damage and medical take months to resolve. With your philosophy about higher priority claims taking precedence, my claim will never be looked at. There are hundreds of accidents every day !
All I would like is an update on my claim status... I don't think that's being demanding !
There's a few options here that may be causing a delay.
1. Liability is not as clear as you indicate.
2. Coverage is lacking, or not in order for the alleged AAA insured.
3. AAA has been advised that your carrier is resolving the damages and they are awaiting subrogation from them ... alllowing you some time to heal before addressing any injury claims that you may have.
4. Any number of workload related issues.
Good luck with this. I would ensure, in the future, that you add rental coverage to your policy so that you don't have to deal with these issues; however, they never entirely go away. As I said, it just happened to be AAA this time, next time it may be your adjuster.
By the way, here's the link to file a complaint with the California Dept of Insurance- http://www.insurance.ca.gov/contact-us/0200-file-complaint/
Just keep hassling the hell out of them and try to make up for their tactics in the final settlement. Someone said, "don't get mad", and I agree...but do get even !!
2013 LX 570 2016 LS 460