1. Attachments are working again! Check out this thread for more details and to report any other bugs.

*His* insurance refuses to reimburse my rental.

Discussion in 'Gen 2 Prius Main Forum' started by Godiva, Apr 19, 2007.

  1. Godiva

    Godiva AmeriKan Citizen

    Joined:
    Apr 8, 2005
    10,339
    14
    0
    Location:
    San Diego, CA
    Vehicle:
    2005 Prius
    My car was "front ended" and his insurance is disputing my car rental. I was in a rental for three weeks and five days. They're only paying for five days because they say that's how long it takes to repair the damage I had.

    They're saying they only pay for repair time and that it's standard practice for the auto repair company to put the car back together if it's driveable and let me drive it until the parts come in. I needed a new front bumper, hood and the brackets to hold the radiator plus a few brackets and bits. The radiator was fine and the car was driveable before I dropped it off. I got a call from the repair place the following week saying that once they got in and started to do the work they found more damage and had to order more parts. The estimate went from $1800 to $2800. I dropped my car off on Jan. 15 and picked it up on Feb. 9.

    She said they're only paying for the five days it should have taken to repair the car, not for the time they had to wait for the parts to arrive. I'm surprised she didn't say they don't pay for the time it takes the paint to dry.

    I told her this was unacceptable. Did they expect them to put the car back together and me drive it until the parts came it? She said yes. I told her they had to order more parts after they started to work on it. She said she'd talk to her higher up and try to get me an additional 5 days reimbursement. I siad this was still unacceptable and I would have to take her client to court. She said that's fine, but they'd be there representing him.

    I have never heard of anything so stupid in my life. I've already got a call in to the auto repair place for a letter detailing the timeline of the repairs, parts ordered and arrival. I'm also going to call around town to poll auto repair places on whether they put cars back together to let the clients drive them around until the parts they ordered come in.

    Why? Well, I'm taking their client to court. She says they'll be right there representing their client. Right. I'm so sure a lawyer from Met Life is going to small claims court over four weeks of car rental. You'd think they'd be overjoyed they didn't have to pay any medical bills for injury but no, they have to be cheap-a$$ over the car rental.

    Personally, I think they're jerking my chain AND trying to scare me off of sueing them. Yes. I'm sueing them. If they did the right thing I wouldn't have to. I pushed the repair place to get my car fixed as fast as possible. I called them every week. Almost daily the last week. Nobody was dragging their feet. And it's not like mine was the ONLY car they were working on. Or maybe this is retailiation for not using *their* repair facility even though I have the right to have my car repaired anywhere I choose.

    Anyway I thought I'd ask. How many of you dropped your car off to have major repairs, then picked it up and drove it around until the parts arrived? I'd also like to know who had a hood, bumper and radiator brackets repaired in FIVE days. BTW after they were in there they found I needed two new headlights. So they ordered those Jan. 23. Car was finally ready on Feb. 9.
     
  2. NoMoShocks

    NoMoShocks Electrical Engineer

    Joined:
    Jan 21, 2007
    1,292
    82
    11
    Location:
    Camas, WA
    Vehicle:
    2010 Prius
    Model:
    IV
    Yesh, that is real dumb. The shop would probably charge more to reassemble the car and then take it appart again than the rental car costs.

    If you have Car Rental coverage on your own policy, you can make a claim, and if you have a good company, it should not effect your rates. Then your insurance will go after the other lame company and get their money back from them.
     
  3. iaowings

    iaowings New Member

    Joined:
    May 6, 2006
    450
    0
    0
    I agree get your insurance involved. That guys insurance company would hate to have another insurance company go after them because that would cost them even more money. Unless you have a horrible insurance company your rates should not be affected at all. You can also ask them if it would affect your rates they should tell you what to expect.
     
  4. Godiva

    Godiva AmeriKan Citizen

    Joined:
    Apr 8, 2005
    10,339
    14
    0
    Location:
    San Diego, CA
    Vehicle:
    2005 Prius
    My policy doesn't cover rental so they won't reimburse me and then go after the other guy. I understand they are also giving my insurance company the run around on some of the repairs as well. I have a call in to my adjustor to find out what they have from his insurance company. Apparently they aren't denying he was at fault or anything. They're just nickel and diming and dragging their feet.

    It looks like if I want to get full reimbursement, I'll have to go to court. Mostly an inconvenience for me because I won't lose any pay. But I'll bet he will. I will be curious to see if the Met Life lawyer is there standing next to him in small claims.
     
  5. daniel

    daniel Cat Lovers Against the Bomb

    Joined:
    Feb 25, 2004
    14,487
    1,518
    0
    Location:
    Spokane, WA
    Vehicle:
    2004 Prius
    Last time I had an accident, the body shop said it would be unsafe to drive the car until full repairs were done. So my insurance paid 80% of the car rental up to a maxinum of $1,000. That coverage costs me $12 per 6 months. I've NEVER had to deal with another insurance company. My company takes care of me, and then deals with the other company.

    This is why it is such a bad idea to shop for insurance by price. You can buy cheap insurance, but then your company won't take care of you, or tries to avoid paying. It's like buying a ticket to yesterday's football game. It's really cheap, as long as you never want to actually go to the game. But if you want to use the ticket, it's no good.

    The other guy's insurance company is doing what cheap companies always do: Trying to avoid paying. Your company is doing what cheap companies do: failing to take care of you, their customer.

    Get a written statement from the body shop saying that the car was not drivable while they were waiting for parts, and then go to court. And then switch your own insurance to a company that will take care of you!
     
  6. galaxee

    galaxee mostly benevolent

    Joined:
    Mar 14, 2005
    9,810
    466
    0
    Location:
    MD
    Vehicle:
    2005 Prius
    do you know specifically what parts had to be ordered? i mean, they can't expect you to drive around without something like functional headlights because that's a safety issue... as well as just plain crazy. maybe a list would reveal something that made the car unsafe to drive and you could use that to prove your point.

    good luck!
     
  7. sshiffrin

    sshiffrin Junior Member

    Joined:
    Feb 15, 2007
    16
    0
    0
    Location:
    Arizona
    Vehicle:
    2011 Prius
    Model:
    Five
    If your state permits removal to regular court his insurance company will probably file the papers to move it to superior court (or the equivalent) and hope to scare you out of your lawsuit.

    You might also file a complaint with your state insurance department.
     
  8. Bill Lumbergh

    Bill Lumbergh USAF Aircraft Maintainer

    Joined:
    Jul 5, 2005
    537
    7
    0
    Location:
    NorCal
    Vehicle:
    2005 Prius
    Model:
    N/A
    Note to Self: Don't get hit by someone with Met Life.
     
  9. auricchio

    auricchio Member

    Joined:
    Mar 31, 2006
    921
    7
    0
    Location:
    Cambria, CA, USA
    Vehicle:
    2006 Prius
    If the case stays in small claims court, then I believe neither party is allowed to have a lawyer (unless one of them IS a lawyer, then the other side gets to hire one.) In this case, the defendant is the individual driver, not the insurance company.
     
  10. RonH

    RonH Member

    Joined:
    Aug 11, 2004
    556
    7
    0
    Location:
    San Diego, CA
    Vehicle:
    2004 Prius
    Everyone should go to small claims court once; a very interesting education in civics. My experience is 30 years dated, was a claim against a Toyota dealership, and, at least then, did not allow legal representation in San Diego and bore more than a passing resemblance to (stupid) People's Court. Considering that the actual owner, his repair mgr, and a corporate guy from Torrance showed up to contest a broken window, I'm amazed he could stay in business. But there I was with my bag full of broken glass and polaroids of the damage. I won. More amazing, he appealed to superior court. We all did it again. I lost. Probably played golf with the judge as he didn't even want to see my polaroids. But the experience was priceless.

    Part of the education is filling out the forms and what not yourself which can be a drag if you're a wage slave, but relatively cheap out-of-pocket. I couldn't get close to him to serve the subpoena, but I would have loved to have seen the look on his face when the marshal showed up.

    Do it.
     
  11. MarinJohn

    MarinJohn Senior Member

    Joined:
    Feb 6, 2004
    3,945
    304
    0
    Godiva, are you surrrrre you don't feel some neck pain? I've heard these types of injuries can take some time to show up. Go to your doctor immediately. If it were me and I felt a bit of neck tweek and the opposing insurance company was honest and cooperative I would chalk the tweek up to experience. However, if they were trying to ramrod me into an unfair settlement I would not let even one twinge go unnoticed, undocumented or unsettlementized. The main reason they are trying to take advantage of you is that the last person they cheated allowed them to get away with it. Don't you.

    Like Daniel said, your good insurance company will go to bat for you and leave you out of the loop. Consider a change when it's all over.
     
  12. NoMoShocks

    NoMoShocks Electrical Engineer

    Joined:
    Jan 21, 2007
    1,292
    82
    11
    Location:
    Camas, WA
    Vehicle:
    2010 Prius
    Model:
    IV
    I second the neck pain idea. The soreness usually doesn't show up until 3 to 10 days later. A minor back or neck injury should be worth about $7 to 10K for Pain and Suffering. That can cover a real nice rental car.

    I am NOT advocating milking the insurance company and running up everyones rates, but pain is pain.
     
  13. INPrius

    INPrius New Member

    Joined:
    Jan 11, 2006
    36
    0
    0
    If it is not your fault, your insurance company can represent you to pursue the rental car cost from the other party's insurance company. This is regardless of what your insurance policy covers since your insurance company is not paying for the damage. Your premium shouldn't go up either since it is not your fault. On the other hand, His insurance company should have told you about the amount they would reimburse you on the rental car when they authorize the repair. Or else you have grounds to ask for reimbursement.

    GOod luck
     
  14. IsrAmeriPrius

    IsrAmeriPrius Progressive Member

    Joined:
    May 27, 2004
    4,333
    7
    0
    Location:
    Southern California
    Vehicle:
    2005 Prius
    Godiva,

    In addition to suing the other driver in small claims court, you should file a complaint against his insurance company with the California Department of Insurance.

    Contact Us: File a Complaint
     
  15. Godiva

    Godiva AmeriKan Citizen

    Joined:
    Apr 8, 2005
    10,339
    14
    0
    Location:
    San Diego, CA
    Vehicle:
    2005 Prius
    <div class='quotetop'>QUOTE(galaxee @ Apr 20 2007, 09:18 AM) [snapback]426673[/snapback]</div>
    The hood was crumpled in and Auto repair guy assumed the latch would need to be replaced without even opening the hood. (Yep, needed hood and latch). He said once he opened the hood there was no guarantee he could lock it down again so assume at that point car becomes inoperable. He also assumed from looking at the outside it would need brackets for holding radiator. The radiator was fine (not leaking, not holes or obvious damage) but it needed new brackets. Also new front bumper cover/grill. And new license plate holder. A week later they told me that in working on the car they found both headlight casings were cracked in the back from being pushed in. So they had to order a pair of headlights. Car was in repair from Jan. 15 to Feb. 9.


    <div class='quotetop'>QUOTE(daniel @ Apr 20 2007, 08:38 AM) [snapback]426644[/snapback]</div>
    My insurance offers rental, I chose not to purchase it. They did reimburse me the deductible and cost of the bug deflector but are not reimbursing me for the rental because I don't have rental. I have to get that from the other guy's insurance. But they have called them several times.

    I've called the repair shop again about a letter. Didn't hear back again today. I'll be faxing them on Monday.

    My company is taking care of me fine. Rental isn't their responsibility but they are making the calls anyway. They simply won't reimburse me because it's not on my policy.


    <div class='quotetop'>QUOTE(Rick Auricchio @ Apr 20 2007, 11:28 AM) [snapback]426789[/snapback]</div>
    That's what I thought. I mean, a lawyer can show up, but he can't talk or represent the other guy.

    I've been to small claims in 2005. I had to sue the car wash place that detailed my Saturn before I sold it. They steam cleaned the original leather upholstery and it shrunk so bad the seams split, it cracked and rippled. I won, but not the entire amount. It was enough to get the seats (but not backs) redone and a new headliner. That shrunk too.

    <div class='quotetop'>QUOTE(MarinJohn @ Apr 20 2007, 12:56 PM) [snapback]426853[/snapback]</div>

    Yes, I'm sure. I've been rearended before and had whiplash.

    He wasn't going that fast. I didn't feel anything afterwards. I know it can take a few days or even a week. But it's been three months and nothing.

    Now I do have two herniated discs in my lower back so I was very concerned about being in an unknown rental car for who knew how long. So I went to the trouble of finding a place that rented Prii. My mother drove me to Carlsbad to get it. So my back was fine for the time my car was in the shop. So I can't even claim that my lower back condition was aggravated by being in a cheap rental car.

    You'd think they'd be relieved they got off with NO medical bills, but no....cheap-a$$.

    Let that be a lesson to anyone looking for insurance....avoid Metropolitan Direct Property and Casualty Insurance. (Must be connected to Met Life because that's how they answer the phone.)

    BTW I've got all receipts, letters etc including a voided check they sent for car repairs. And I've been documenting all phone calls, etc on my iCal so I can provide a journal/diary if needed. They really don't know who they're dealing with.
     
  16. brucem5755

    brucem5755 New Member

    Joined:
    Aug 31, 2006
    21
    0
    0
    Interestingly enough...
    My insurance is Met (house and auto). Neighbors DEAD tree fell on pool. Neighbor admitted that they were at fault for not removing said dead tree [dead for 2 yrs +]. Neighbor called her insurance and admitted fault. Neighbors insurance wouldn't do anything. Neighbors insurance waiting for met to fight them for $$$.

    Analysis: It's not just met......they are all cheap a$$. If they can get away with not paying a dime - they will. Terrible waste of the rest of the world's time for sure!!



    <div class='quotetop'>QUOTE(Godiva @ Apr 20 2007, 07:03 PM) [snapback]427055[/snapback]</div>
     
  17. daniel

    daniel Cat Lovers Against the Bomb

    Joined:
    Feb 25, 2004
    14,487
    1,518
    0
    Location:
    Spokane, WA
    Vehicle:
    2004 Prius
    <div class='quotetop'>QUOTE(brucem5755 @ Apr 20 2007, 08:42 PM) [snapback]427156[/snapback]</div>
    Some are, some are not. True, it's not just Met. Wrong about all of them being the same.

    It's a lot like Honda vs GM: Both are in business to make money, but GM increases profit by screwing the customer, while Honda understands that providing stellar customer service helps increase market share: they spend some money on the customer in order to get more customers.

    You can shop for insurance by price, or you can shop by whether or not they'll pay you when you have claim. The first is penny-wise and pound-foolish. Or, as Tom & Ray like to say: The stingy man pays the most.
     
  18. TNPapa

    TNPapa Junior Member

    Joined:
    Apr 15, 2007
    48
    5
    0
    Location:
    Nashville
    Vehicle:
    2014 Prius v wagon
    Model:
    III
    <div class='quotetop'>QUOTE(brucem5755 @ Apr 20 2007, 10:42 PM) [snapback]427156[/snapback]</div>
    Years ago we had an ice storm that took down some tree limbs pulling the power line out of the meter box and sending a surge throughout the house. Insurance had to replace several thousand dollars worth of electronic and appliances. After it was all said and done, I asked agent if they would pay to have the tree taken down. They said no. Guess what next winter another 6000 dollar claim. insurance companies are pennywise and dollar foolish.
     
  19. randreed

    randreed Same as it ever was . . .

    Joined:
    Jul 19, 2006
    605
    1
    0
    Location:
    West Milford, NJ
    Vehicle:
    2008 Prius
    Model:
    II
    Just a suggestion - if you do take them to court, name BOTH the driver and his/her insurance company as plaintiffs.

    If you just name the driver it's between you and them.

    When an insurance company gets sued, it is usually cheaper for them to settle out of court, so the filing fee will most likely be worth it.
     
  20. Godiva

    Godiva AmeriKan Citizen

    Joined:
    Apr 8, 2005
    10,339
    14
    0
    Location:
    San Diego, CA
    Vehicle:
    2005 Prius
    <div class='quotetop'>QUOTE(Rand Reed @ Apr 21 2007, 06:14 PM) [snapback]427462[/snapback]</div>
    If I name the insurance company, then they have a right to be there.

    If I win against the client, the claim is submitted to the insurance company and they pay. He'll only get stuck with court costs. Maybe he can get them to pay that too since it's their fault he had to lose a day's pay and pay the rental plus court costs.

    Yes, I may be counting my chickens, but I don't see how I can be denied reimbursement. At any rate, I'll be talking to my insurance adjustor to see where they are in their negotiations over the repair bill, then I'll be picking up a small claims form.