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rental car accident (not at fault) advice needed!!!!
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Anonymous
| So long story short, we were on vacation on New Year's, and were rear-ended while in our rental car. No injuries or anything, other guy admitted fault, he was found at fault through police report, but there was pretty substantial damage to our rental car. We did not have the optional insurance. Other guy's insurance (Geico) has paid $3500 of $5500 claim, and now the rental car company is coming after us for the rest. Has anyone been through this and successfully not had to pay? We are looking into our visa coverage, unfortunately this notice came outside of their 45 day limit for notification. |
Anonymous
| Does your insurance not cover the balance. It's not ideal, but better than out-of-pocket. |
Anonymous
| They might, but our deductible is high so it's probably not worth it. |
Anonymous
| If it was someone else's fault and the car repairs cost $5500, sue the other driver for whatever GEICO doesn't pay. |
Anonymous
|
Does your homeowners insurance cover any liability claims?
Also, maybe check again about the visa coverage and consider sending a letter disputing the date when the 45 days begins to run. In this instance, since the other driver was found at fault and had insurance, there was no reason for you to to believe that the car accident would be an "event" that would trigger coverage. Argue that the event triggering coverage is the denial of full coverage from the other driver's insurance and/or the date you got notice a claim was being made against you. (Of course, all of these arguments depends on the language of the coverage agreement you have.) |
Anonymous
| Have your insurance company go after Geico for the rest. I am wondering how Geico feels they can get away with not paying ht efull amount of the damage? |
Anonymous
|
sue him for the rest. geico should pay all not half.
I was run off the road by a coal truck in WV while driving a rental my car was in the shop due to someone hitting me. bad week. I had to pay the deductable. |
Anonymous
|
Thanks to everyone.
DH did some research and found that apparently the language of the rental agreement means we have to pay. Geico paid for fixing the damage but not other charges, which just scream BS to me, but are apparently what they always charge. To the tune of $2,000. I don't know if suing would work, since it's out of state. Sorry to 20:30 - that sucks. And I guess the lesson is always get rental insurance. Sure, they are tearing you a new one with it, but at least that would (hopefully) keep you from a situation like ours. |
Anonymous
Why would it make a difference if this was out of state - you don't have to be a state resident to sue. Are you thinking about traveling out of state for a court appearance? |
Anonymous
Yes, that is what I was thinking of - would I not need to do that? (I'm not a lawyer, and have never dealt with anything like this) |
Anonymous
| Look, OP, your damages include not only what the car repairs cost, but also what you have to pay per the contract. Sue the other driver. Being out of state may only be a problem if it is too difficult for you to appear in court. |
Anonymous
| Can she bring a small claims suit in her state? Jurisdiction could be challenged though. |
Anonymous
OP, I would give PP's post some thought. Here is the language from the MasterRental policy (MasterCard's insurance for rental cars.): 1. Call 1-800-MC-ASSIST to request a claim form. You must report the claim within thirty (30) days of the loss, or the claim may not be honored. You may choose to assign your benefits under this insurance program to the rental agency from which you rented your vehicle. Please contact 1-800-MC-ASSIST for further details. 2. Submit the following documentation within one hundred eighty (180) days of the incident or the claim will not be honored: ... Note that one must begin to act within 30 days of the "loss", but finish with 180 days of the "incident". The use of two separate terms is significant. Furthermore, neither is defined in the policy. Your "incident" occurred the day you were rear-ended, but your "loss" occurred the day you received a bill from the rental car company for whatever GEICO would not pay. If the rental company had decided not bill you for loss of use, you would not have had any "loss," but would still have had an "incident." Prompty file your claim and let the insurance companies duke it out. |
Anonymous
| OP here, thanks for the advice. I will check on Visa's policy, and also figure out if small claims is the way to go, regarding the other driver. I have no interest in going to court in the other state (which is Florida, if that matters), but if there's a way to do it without me appearing, or if the case is filed locally, I would do that. |
Anonymous
|
Go after Geico and tell them they need to pay the whole claim. Why won't they??
In the meantime, you might have to pay the rental car comapny - they want their money. They don't care whose at fault or whose paying who, they just want their money. |