Hit by a Peterbilt

[KatyKay]

I got a ‘lovetap’ from a Peterbilt Semi truck. My 2011 Roadster survived remarkably well; however, I need help in my attempt to rent a car in the state of California. The recommendation - from my insurance company, not the other guys, was that I rent a ‘comparable’ vehicle. I have rented a Tesla sedan. Of course, the other company is saying that my car was ‘old’ and they are only willing to pay $35/day. Lots of other issues with the accident (I’ll just call the other company, ‘other’): Other thought I could go to any auto body shop “Just requires a bit of sheet metal work”; so, ‘Other’ didn’t want to pay for tow to nearest authorized Tesla shop (about 90 miles), ‘Other’ wanted certified dealership to take car apart, do estimate, and then put car back together again since it is driveable; ‘Other’ doesn’t want to pay any medical - I got slammed into back of sear and I am suffering headaches (seeing Chiropractor); Also, I had a complete back fusion (t12 to sacrum) a year ago, so surgeon wanted x-rays.

Their driver signed a note that he was at fault, but it seems that ‘Other’ wants me driving a Corolla. My main issue at this time: Do I have a ‘right’ to get a comparable vehicle to rent? Who determines that?

Thank you,
Katy

 

[X.l.r.8]

For a start I would ask them to justify ‘sheet metal work’? It’s a carbon fiber shell. I’m not sure about the state you are in but usually you just let your insurance deal with them, it’s a losing game trying to justify costs directly, they will just pressure you because that’s what they are paid to do. Let your guys fight theirs. I don’t believe in being a third party in between insurance claims unless they require comparable replacements.

 

[X.l.r.8]

Again it’s state dependent but usually in at fault claims, your insurance reimburses you and then go after their company to recover costs. I would only talk to your insurance.

 

[da2ny]

Get a lawyer! That's the only thing they're good for. The "other" insurance company has staffs of lawyers.
I once got hit @ 5mph by an armored truck. Took them to small claims court. Won. Your car will be well above the limit of small claims court. Additionally, since it's a collectable, the value is now lowered by the accident on the record.

 

[Rockster]

Get a lawyer! That's the only thing they're good for. The "other" insurance company has staffs of lawyers.
I once got hit @ 5mph by an armored truck. Took them to small claims court. Won. Your car will be well above the limit of small claims court. Additionally, since it's a collectable, the value is now lowered by the accident on the record.

This. Call a lawyer.

 

[walla2]

Or call your insurance company.

Do not talk to their people ever.

 

[Peter.h]

Katy -

So sorry to hear this - but glad no one was hurt.

We went through something similar a few months ago - my wife was hit by truck in our roadster and it was clearly the trucker's fault. (This is all in California)

We informed our insurance and then contacted a body shop certified to work on Tesla's, had them pick up the car, put them in touch with the insurance, and the body shop and the insurance handled everything directly until we got the settlement offer (body damage on the roadster gets expensive quickly - carbon fiber usually needs to be replaced)

Good luck with it and here's to getting the roadster back on the road quickly.

Peter

 

[coolVariable]

Same thing happened to me last year.
Just go to your insurance, though they may not cover your rental (depending on what your coverage is). You may also have to eat your deductible for a period of time but your insurance should ultimately recover that money from the other insurance and pay it to you.

You are correct that you should be getting "an equivalent" rental car. I would recommend immediately going to a rental car agency website and printing some comparable prices for your files! They will claim that comparable means 4 wheels and at least 2 doors.
For me it took almost 12 months and the threat to report them to the state insurance board (or whatever it was called) until they settled on paying me a fraction of what a true comparable car would rent for.

Feel free to PM. I feel your pain.