Jump to content
PamW

Insurance company is dragging out settlement

Recommended Posts

My son was rear-ended, no injuries,  at a stop light on June 6, 2019. They called the police, insurance information was exchanged and the other driver, she, was issued a ticket. My son called her insurance company and was told they didn't have a policy with that number. They have only wanted to give him 1/3 of what the truck is worth, he declined.  They don't want to pay for a rental pick up and as of today they still have not settled this.   What other options does he have besides a lawyer.   Are they legally obligated to pay for the rental $100 a day for a pick up, a fair price for his pick up truck and if so how can we make them.  Thanks

Share this post


Link to post
Share on other sites

They are responsible for the damages caused by their client.  If they aren't paying you what you think the truck is worth or they are paying your out of pocket expenses to your liking your other option is to sue the driver.

Share this post


Link to post
Share on other sites

Your son's first step, of course, was to report the incident to his own insurer.  Regarding the rental: eventually the liable driver's insurer will have to pay the reasonable cost of the rental fees your son has paid.  In other words, if he hasn't rented a substitute vehicle, he's not going to collect rental fees.  The value your son may recover for his vehicle, assuming it is totalled, will be limited to the Blue Book value, not his or your opinion of its worth.  The insuer is under no obligation to settle promptly with your son.  If he feels he is being unfairly delayed his option is to file suit against the other driver.

 

I doubt any attorney  would take the case and that your son would want to hire any attorney.  This is a property damage claim, and the recovery is limited to the actual damages.  Whatever would be paid to the attorney would reduce the recovery of actual damages.  Clients usually will not accept that, nor will attorneys.

Share this post


Link to post
Share on other sites
36 minutes ago, PamW said:

Are they legally obligated to pay for the rental $100 a day for a pick up

 

Hell, no. You can rent a pick up truck at U-Haul for $19.95 a day plus mileage.

 

I think you and your son are being ridiculous about your claim expectations.

Share this post


Link to post
Share on other sites
On 8/31/2019 at 2:26 PM, PamW said:

My son called her insurance company and was told they didn't have a policy with that number. They have only wanted to give him 1/3 of what the truck is worth, he declined.  They don't want to pay for a rental pick up and as of today they still have not settled this.

 

Who are 'they"?  If you're talking about the insurance company that the other driver identified, why would an insurance company that didn't have a policy covering the driver offer anything?

 

 

On 8/31/2019 at 2:26 PM, PamW said:

What other options does he have besides a lawyer.

 

The most obvious option would be to make a claim against his own collision coverage (assuming he carried it).

 

 

On 8/31/2019 at 2:26 PM, PamW said:

Are they legally obligated to pay for the rental $100 a day for a pick up, a fair price for his pick up truck and if so how can we make them.

 

Unless your son is a minor or you own the truck he was driving, there is no "we."  No way $100/day is reasonable to rent a pickup truck.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...