Insurance claim questions/rant...

[cornbread]

I read a lot here, but don't post that much, but I really need some good opinions and this is the place to go..
Situation:
I am in Alabama to start off... Was hit by a part of a trailer being pulled by a van.. The guy admitted fault, and his insurer, State Farm, is paying for the repairs and rental car and depreciation. The problem: I only have liability insurance on my car (its older, no point in having more).. The rental company (Enterprise) requires me to have collision and comprehensive, or pay them $11.99 a day (unsure how many days my vehicle will be in the shop yet) to insure the rental vehicle. I told State Farm I had no preference over which rental company to use, and they chose Enterprise (within walking distance of where I am having repairs done).. I explained the situation to State Farm, which in turn refused to pay the additional amount, saying that is my responsibility.
The entire cause of this wreck is due to the negligence of the insured driver whom I have the claim against. If it weren't for that, I wouldn't be in this situation.

My questions:
Are they right by making me pay that extra amount out of my own pocket, even though none of this was my fault?
If I took this to small claims court, what kind of chances would I have of collecting?

I really feel like I am being ripped off, being forced to pay for something that isn't even my fault.
Any suggestions would be greatly appreciated..

 

[GoodRevrnd]

I believe the other company would be forced to pay, if you can't get them to or can't/don't want to settle then your best and cheapest option would be to add comp/coll to your statefarm policy while you have the rental vehicle and have it removed afterwards. Insurance is prorated so it should only be a marginal amount.

 

[Scarpozzi]

Remember....You're the victim here. Act like it. Tell them that if they don't pay, you're going to be speaking with your lawyer. If you do that though, you have to be able to back it up. I would just lay it out on the table though and explain that the insurance fees would be $11.99 a day or whatever. They'll quickly see that it's cheaper than court. You're not out to rip em off, just get what you deserve.

 

[cornbread]

Originally posted by: GoodRevrnd
I believe the other company would be forced to pay, if you can't get them to or can't/don't want to settle then your best and cheapest option would be to add comp/coll to your statefarm policy while you have the rental vehicle and have it removed afterwards. Insurance is prorated so it should only be a marginal amount.

I thought they would be forced to pay too..It's State Farm that is paying for the repairs.. I never expected to have this type of trouble from them..
I'll check into the comp/coll to my policy tomorrow..

 

[cornbread]

Originally posted by: Scarpozzi
Remember....You're the victim here. Act like it. Tell them that if they don't pay, you're going to be speaking with your lawyer. If you do that though, you have to be able to back it up. I would just lay it out on the table though and explain that the insurance fees would be $11.99 a day or whatever. They'll quickly see that it's cheaper than court. You're not out to rip em off, just get what you deserve.

That's exactly how I feel.. I just really don't want to get a lawyer involved over such a small amount of money, but If I have a strong enough case, I think the cause would be justified.. And it could go to show a case to go by to others in the same situation.

 

[Scarpozzi]

The funniest part about the whole thing is that its the insurance company's fault there is an insurance charge on the rental to begin with. I mean, those charges are pretty high. If I were to rent a car, the car rental company automatically will charge me $15-25 extra per day just because I'm under the age of 25. I want to call that discrimination.

 

[Mill]

I would call the insurance company back and say that your neck and back started hurting, but that if you had a rental car to go to the doctor you could make sure it wasn't from the wreck but rather fagtigue.

 

[cornbread]

Originally posted by: Millenium
I would call the insurance company back and say that your neck and back started hurting, but that if you had a rental car to go to the doctor you could make sure it wasn't from the wreck but rather fagtigue.

LOL in order to get the car, I had to pay for the insurance, so I paid for 3 days (~35$).. Insurance asked at the beginning (last Thurs) if there were any injuries.. Wasn't a bad wreck, just scratches and the impact thing on the side was torn up a little (680$ worth of damages--at the dealer of course)
-----

The funniest part about the whole thing is that its the insurance company's fault there is an insurance charge on the rental to begin with. I mean, those charges are pretty high. If I were to rent a car, the car rental company automatically will charge me $15-25 extra per day just because I'm under the age of 25. I want to call that discrimination.

I'm 21, they didn't give any problem about that.. I made sure to mention to the insurance co that I was 21 because I knew a lot of places wont even rent to anyone under 25.. I hate insurance. Comes in handy sometimes but things like this really make me hate it..

 

[CurtCold]

Cornbread....You shouldnt' be out a dime. IF the collision wasn't your fault, you should not be OUT ANY EXPENSE. Call your insurace agent and thell them what the hell State Farm is trying to do to you. They should immediately realize. 1) If the accident wasn't your fault, then the shop, or other insurance needs to provide your transportation. The other guys liability no matter what the limits has to pay for your vehicle...here's how it works
lets say the liability is 25/50/25
that's 25k bodily injury per person
50k bodily injury per accident
25k PROPERY DAMAGE. That's minimum requirements here in AR, probably different in AL. That means they have up to 25k to spend on your vehicle alone. Up to 50k on your medical. You need to go to a doctor and get a check up, unless you just feel no need to whatsoever. IF you dont' do it now, and start having medical related problems 5 months from now, you'll be footing the bill.....

Tell the adjuster they have to pay for the rental, if not keep all your reciepts, and go to your agent, they'll know what to do....