Complaint 19 of 36 in “Claim Denied or Delayed”

Consumer Complaint:

I was rear ended by an Allstate policy holder and they are stalling on providing me with a rental. The accident happened on 9/9/08 @ 6:42 a.m. Today is 9/18/08, and I am still without transportation. Missed Dr.’s appointment yesterday because I had no way to get there. If your insurance does not provide rental car and you have no way renting a car due to no cash funds, what would you do? Collision not on a car that is a 1992. Not my fault what so ever but who is paying the price?

Insurance Expert Answer:

Then tell them you'll go out and rent one yourself, and then do it. Better yet, let YOUR collision company handle it if you have collision coverage as if the other driver is at fault you'd likely get all or most of the deductible back and save yourself lots of hassle. If you don't have collision the rental cost should be an element of damage when the claim is settled, but make sure you get the \"collision rate\" many companies, such as Ugly Duckling, offer.

I am not piling on and really feel for you. It's happened to all of us. Unfortunately the way our system operates is that there is NO liability on the part of the other driver absent his fault, and your being able to prove his fault is never open and shut or fast. His insurance company owes you nothing -- unless he is liable. (And the good news is he seems to have insurance -- there are people driving around without it and who have no assets.) If he tells his insurance company it was your fault, his insurance company can deny any claim and certainly will stall for a long time; it could make you go to court, and that can take months or more. If you sue they'll fight over the amount of damages. And absent any personal injury claim, the amount of damages are minor. If there was personal injury you'd need a lawyer to represent you to recover more than a pittance.