How to get insurance company pay for my car accident?
January 8, 2009 5:57 PM   Subscribe

Car accident insurance filter: Insurance company refuses to provide for rental car before sending me the money. What to do?

My car got rear-ended 14 days ago. No fault of mine--this is confirmed by the police report. I took the damaged car to the body shop. 10 days after the accident I got the rental car, and have been using it for last five days.

For the first time in last 14 days, today I heard from the other party's insurance company. The car is deemed total loss. I have been offered two choices, one of which lets me keep the car, while if I go with the other I will have to say goodbye to my car. Now that I have been "offered" compensation, the insurance company wants to cut-off my rental car within 2 days. The insurance company agreed to pay $30 per day for loss of use for the duration I did not have rental car, but that was only upon my strong insistence.

Here is my problem: How can insurance company cut-off my rental car without sending me the money, or in other words, how am I supposed to buy a new car without having any money from the insurance company, and till then why shouldn't the insurance company pay for my rental car?

More, I have been asked to tell my choice for the compensation within one day, or else (I have been told by the insurance company) the body shop will start charging me for car parking fees and so will be rental car company.

This all seems to me an attempt to twist my arm and make me agree to what they offer. MeFi, please help.
posted by coolnik to Travel & Transportation (5 answers total)
The other party's insurance company has nothing to gain by making you happy. That's why you bought your own insurance, too. On my policy this is called "uninsured motorist" or "underinsured motorist" coverage. If you paid for this, your insurer may do some of the negotiating for you.
posted by fantabulous timewaster at 7:19 PM on January 8, 2009

Agreed, you should be talking to your own insurance company. Do not talk to the other party's company at all. I hope you have Progressive, they rock.
posted by desjardins at 7:50 PM on January 8, 2009

Being rear ended and having your car totaled sounds like it could lead to back and neck problems. Have you been to the doctor yet?

Have you signed any kind of injury waiver? Don't, until they deal with the car and you are satisfied with the amount of compensation.
posted by MegoSteve at 7:55 PM on January 8, 2009

Remember, the insurance is only going to pay you what the car was worth when they hit it, not what it costs to replace the car. It's not their job to repair your life, just to provide you with compensation. How you spend that money is up to you. You could spend all your settlement on a rental car, or you could use your money to buy a replacement car. Money "they" spend on a rental car is just money that you won't have to spend on the replacement vehicle.
posted by nomisxid at 8:17 PM on January 8, 2009

Having been in a horrific accident all I can say is get a lawyer.

When we had our wreck, while I was still in the hospital and it was still not clear whether I would live or not the other guy's insurance company offered my husband $50,000. Being the smart man that he is he told them to kiss his ass. My medical bills have exceeded $1,000,000 and I am still not done. The insurance company is still paying them. If he had taken the first offer we would have been screwed.

NEVER EVER make any kind of deal with an insurance company without talking to a lawyer. It is the insurance companies job to keep as much money as they possibly can.
posted by Jules22871 at 11:53 PM on January 9, 2009

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