*crash* Fortunately, we all had insurance. Which one of the three companies gets the claim?

January 24, 2008 11:10 PM

Out of state rental car driver who paid for the Loss Damage Waiver backed in to us. We have his insurance information and claim number, and also reported the incident to our insurance company, which offered to cover damages to the car. We think we'd like to have repairs covered under the rental company's LDW. Do we have the right to choose who should foot the bill? And is this a good choice?

The damage: back door and back fender panel, which is a pretty sizable piece of metal.
Rental Car company: Enterprise
His insurance: USAA
Ours: Allstate, with good driver discount and a promise of no rate increase even if we make a claim.

Other driver totally at fault - we were in a crowded parking structure, blocked front and back, and he backed in to us despite our honking. No injuries, but it caused a surprising amount of (cosmetic) damage for such a low impact collision. We would rather not bill our insurance, because we filed a damage claim last year.

My preference would be to somehow bill Enterprise, since the other driver paid for the LDW, and I have an idea that this would not increase his USAA rates. Unfortunately, the only information I have about it is the driver's name and the rental car license plate number. USAA called two days after the accident with a claim number, Allstate has called to ask if we'll be filing the claim with them, and we haven't had an adjuster take a look at the car pending this decision, but will probably set up an appointment tomorrow.

I know nobody's my lawyer and I won't treat any advice as legal counsel.
Thanks for any information you can offer, Reader.

posted by truenorth to grab bag (9 comments total)

We think we'd like to have repairs covered under the rental company's LDW

I only rent with Enterprise -- ah, I see the car is from them -- on their forms there are 3 insurance categories. The LDW only covers damage to the rental car.

I've got the actual pink copy of the contract now:

1st: Optional Damage Waiver
2nd: Optional Personal Accident Insurance
3rd: Optional Supplemental Liability Insurance

You're going to need to verify which coverages the other driver had.
posted by panamax at 11:19 PM on January 24

Reading more, it looks like USAA will cover the damage, doesn't it?
posted by panamax at 11:20 PM on January 24

If you file a claim with Allstate, they will go after USAA for the money.
posted by wierdo at 11:37 PM on January 24

LDW is irrelevant. It is insurance for the rental driver against damage to the rental car, not damage to your car. His liability insurance should cover it, although it may be a better idea to go through your own insurance company.
posted by grouse at 1:54 AM on January 25

Interesting note, USAA covers rental cars in the insurance as well. Getting the secondary insurance was a bit redundant.
posted by idiotfactory at 2:50 AM on January 25

You haven't said what state you live in. Some states have no-fault laws, which means that your damage is covered by your insurance company irrespective of who was at fault or any other factor.
posted by Steven C. Den Beste at 7:33 AM on January 25

I'd still file with your own insurance. This is a case where the other driver is at fault, and it will be pretty trivial for Allstate to get their money back on this one. But this way you get your car fixed *now*, and let your insurance take care of the details of getting the money from whoever is going to pay it. Since this is clearly not your fault, and since Allstate will not be taking a loss on this it should not go on your record (that's what happened with our policy on AmFam when we made a claim after being hit last year; your insurance may vary, however.) You may have to pay your deductible, but you'll get it back when USAA/the other guy/whoever pays up.
posted by azpenguin at 7:39 AM on January 25

LDW is insurance for the renter so that if they get in an accident, they do not have to pay the rental company for a new car.

so, file with your company. they will go after the other guy's insurance.
posted by ArgentCorvid at 8:31 AM on January 25

Thanks everyone! Putting in a call to Allstate.
posted by truenorth at 9:24 AM on January 25