Problems with auto insurance company

jay ratkowski · #1 04-18-2008, 11:31 PM

I will try to keep this short, but I am looking for advice from people who have dealt with similar situations.

In mid February, my car was hit. It was parked (legally) in front of my apartment. The girl who hit me called the police and did the right thing. I went through her insurance company to get my car fixed. It needed about $2k in repairs.

I spoke to her insurance company maybe 2 days after the incident. I told them I had a rental car and it cost me $300-350 per week. I asked if they wanted me to rent from another company or anything like that. They said it was fine and I needed to just submit my receipt when my car was fixed.

Because the insurance company really really really sucked, it took them over 3 weeks to authorize the repairs on my car. So after a MONTH I got my car back. My rental car cost was over $1400!

I faxed them my rental receipt and got a call right away. The claims guy I had been working with the whole time said that they only covered $25/day for a retal car, which worked out to around half my expense. I got very angry. He claimed I never told him the rental cost and he also claimed that he told me about the daily limit. I asked why anybody would keep a rental if they knew about such a limit and told him to talk to his supervisor and get me a check for the full amount.

A few days later he sent me a letter where he stated that I was informed of the rental policy the first time I spoke to them.

I immediately sent a letter to the claims rep and copied the VP of the company (listed on their website) where I restated my case and said I was seeking the full rental amount or a copy of the phone call recording where I was originally told about the rental policy. I also filed a claim with the Better Business Bureau and the Wisconsin Bureau of Insurance (or somethinglike that, they handle consmer complaints). That has gotte me nowhere thus far, but theprocess is still going on.

Is there anything else worth doing? Its not much money, but I am very angry and hate being taken advantage of like this. Plus, being a student, that means my savings will just be that much smaller after summer books and tuition, so getting the money back would obviously help. I am givng my complaints with the two groups mentioned above a little more time, but I want to find a next step. I am at the point where I would be willing to sacrifice a large portion of that money just to win, but I am not even sure a lawyer would take the case over such a tiny dollar amount.

**moebius** · #2 04-18-2008, 11:50 PM

That sucks Jay. I am no lawyer, but seems to me they don't have any written documentation showing you were told of the policy. I would threaten that you will get a lawyer. I had issues with an online service (unrelated to insurance) and was able to win my fight once I threatened to contact a lawyer. Worth a try. Good luck.

jallen · #3 04-18-2008, 11:55 PM

I have not been in this situation, but one time I got screwed by a rental truck company (Ryder) when moving from Chicago to NY. Long story short- I reserved the truck months in advance, the day came and they didn't have it, claimed my reservation wasn't really a reservation etc,etc. I had to get another truck that day (we had movers and our lease was up) so I had to pay a ton for it and drive out to the suburbs to et it. I would up unpacking my computer to look up the chain of command for the comoany. Not just the district manager or company manager but the chairman, guys listed as majority owners of stock, sister companies- you get the point. And I called all of them to tell my story. As you would expect, most said "That has nothing to do with us" but I was pretty persistant. Nice, polite, but persistant. But word must have got back to someone, becasue I got a call telling me that they would be happy to pick up the full bill for the move.

I had never done anything like that before, and doubt I would have if it wasn't such a dire situation. I'm not a squeeky wheel kind of guy, but if you really feel you are in the right I'd get online do some research and call everyone- be reasonable and polite but firm about what will; fix the situation. Eventually you'll get a guy high enough up with enough sense to make a call and say "Fix this for this guy." At least that's my experience.

vaitamin7v · #4 04-19-2008, 12:12 AM

I'm very familiar with your situation. however is the 25 dollar a day for all rentals? a suv would not rent as low as a compact. well basically an ins. co. pays the min. daily amount. if you purchased ins. from the rental co. the ins. co. won't cover that at all. usually that's all of the problem. the ins. charge from the rental is aprox. 15 dollars a day! it does add up. sorry but you don't have much of a fight. if you pursue it further good luck.

**jemsite** · #5 04-19-2008, 12:59 AM

Jay, unfortunately you have no legal recourse as your policy (like mine) offers marginal reimbursement for rental cars. It's clearly explained in your policy (as you found out). The fact that you selected the rental place or you weren't explained the expenses just annoys you but live & learn. sorry... glen

RAI6 · #6 04-19-2008, 01:04 AM

Yes, he does have a fight.
It is irrelevant what the insurance company's policy is, if the policy was never made clear. It is also very irresponsible of them not to have provided all this in writing. Bad move on their part....

Note:
it's not his own policy he's fighting about, but the other party's.
He can not be expected to know the limitations of someone else's insurance, right?
The proper procedure should have been:
State limitations via phone, followed by a fax or letter.

I would definitely put up a fight.....

vaitamin7v · #7 04-19-2008, 01:27 AM

an ins. co only covers a rate amount! they do not do not have to tell you that. did you also no they have a cap amount for claims. they have room in the claim until deemed a total loss! I am in the auto industry and wifey is a rep. for allstate. you should have had the ins. co. get the rental for you.

jay ratkowski · #8 04-19-2008, 01:34 AM

RAI6 is right - it's not my policy. If I missed something in the fine print of my own policy, I would suck it up and call it a lesson learned. However, it is the policy of the person who was at fault in the accident.

Like I said, I tried to have the insurance company provide a rental, but they said my accommodations were fine. The body shop even offered free loaner vehicles for people who either did not have insurance or did not have rental coverage. The insurance company ADMITS to telling the body shop that they were covering a rental vehicle for me and I was not in need of a free loaner.

ScottB · #9 04-19-2008, 02:14 AM

Go to your school's student law center or advocacy office. Young lawyer types love this kind of case. If your school doesn't have one, try a larger school that's close by. U of W would be a good choice. You should be able to get legal help fairly cheap or close to free as a student.

jay ratkowski · #10 04-19-2008, 12:15 PM

Quote:

Originally Posted by ScottB

Go to your school's student law center or advocacy office. Young lawyer types love this kind of case. If your school doesn't have one, try a larger school that's close by. U of W would be a good choice. You should be able to get legal help fairly cheap or close to free as a student.

Great idea! Best part, a fairly good friend is just coming out of Marquette law school... I should've thought of that already.

Ant1981 · #11 04-19-2008, 01:09 PM

When an insurance company tried to screw me over, I said I'd name and shame them on a car forum. They didn't like that, next day I got a call back and everything was back to normal.

vaitamin7v · #12 04-19-2008, 01:20 PM

they will only cover there rate. even your own ins. has same rate. if they covered add. coverages for you than they would have to do it for everyone. if anyone offered a free loaner you should have took it. once again not to p you off. its the way they do buss. when a rental is offered at 16 dol. a day that is the bare min. when you have add ons the price will double. its the add ons they won't cover. if they did then you should have rented a lambo and have fun.

jay ratkowski · #13 04-19-2008, 01:34 PM

Quote:

Originally Posted by vaitamin7v

if anyone offered a free loaner you should have took it.

You're missing the details of the story - the free loaner was only for those who did not have insurance or who did not have full rental coverage on their insurance. The insurance company told the shop not to give me a loaner because they were paying for one for me.

markg5150 · #14 04-19-2008, 01:42 PM

Good luck Jay - I'd go with some help from your lawyer friend and maybe get the shop who offered you a loaner to back up your story in writing

shredmaster · #15 04-19-2008, 01:52 PM

i agree with Glen on this, however, 3 weeks in a rental car due to their dragging of feet is not your fault. if they took 8 weeks to get around to it, would you be responsible then as well? i would test their waters and follow up with another letter stating you have had your attorney looking over matters and if they do not pay in full he / she will be contacting them. a loophole here could be the 3 weeks and you can also go after them for stress they caused. you didn't ask to be hit, you shouldn't have to pay. try it out and good luck. also, did you consult your insurance co. for any guidance in this?