Not at fault accident: rental with standards only?

[henrymax]

Hi all,

I tried looking up previous threads in the forum but couldn’t find the specific info I need.

My 3 Long range RWD got rear ended, and the other party was with AAA. While the other party admitted at fault, AAA advisor told me that they will only offer me rental up to a standard gas car as they only look at how many seat belts inside the car regardless the type/value of the damaged car.

I looked at some other websites saying the victim should be given a rental with similar type or value of the damaged car. Anyone knows whether this is true? If yes, is there any good reference to use when negotiating with the adjuster again?

Thanks in advance!

 

[Randy-12]

What does your insurance say?

 

[vertico]

In my experience AAA is a garbage insurance when the other person is a fault. Good luck

 

[henrymax]

What does your insurance say?

My insurance (GEICO) said since it’s the other’s party fault, their insurance (AAA) will communicate with me, and that’s where all communications stopped from them.

 

[afadeev]

My 3 Long range RWD got rear ended, and the other party was with AAA. While the other party admitted at fault, AAA advisor told me that they will only offer me rental up to a standard gas car as they only look at how many seat belts inside the car regardless the type/value of the damaged car.

That's somewhat true.
The rental reimbursement should cover similar "Class" of a vehicle. So if you got hit into your Lexus, they would not offer you a rental shitbox, but something similarly luxurious.
Unfortunately, there is a lot of ambiguity in defining what Model 3 is, and there is minimal to any rental market for Model 3's from the national rental agencies (Turo's prices are stupid and will not be covered). So, be prepared to settle for a half-decent 4-door rental vehicle, that will not be an EV.

I looked at some other websites saying the victim should be given a rental with similar type or value of the damaged car. Anyone knows whether this is true? If yes, is there any good reference to use when negotiating with the adjuster again?

Be reasonable, and inquire with your favorite car rental companies as to what you can get for a certain price point.
My guess is that you should be able to get something in the $35-50/day price range.

My insurance (GEICO) said since it’s the other’s party fault, their insurance (AAA) will communicate with me, and that’s where all communications stopped from them.

With Geico, you might as well not have any insurance.
They will screw you over for a penny. Each. And. Every. Time.

HTH,
a

 

[3sr+buyer]

My insurance (GEICO) said since it’s the other’s party fault, their insurance (AAA) will communicate with me, and that’s where all communications stopped from them.

Wouldn't that depend on whether you have coverage for rental car while your car is being repaired on your car insurance policy?

 

[jjrandorin]

Wouldn't that depend on whether you have coverage for rental car while your car is being repaired on your car insurance policy?

I am not an insurance expert, but am fairly certain that this would depend on whether the OP is going through their own insurance (and then having their own insurance subrogate the claim) or going directly through the other persons insurance since the other person has admitted fault.

If you go through your own insurance and let your insurance subrogate, you basically are doing the claim through your own policy up front, with your own policy limits on rental car (if you have that) etc. Even if you have rental car coverage, your own policy probably has a time frame on rental car coverage (like 30 days or something). You also would have whatever limits on rental car coverage you have.

If you are not at fault ,and go through the other parties insurance, You might be able to get a rental car for longer, get a class of vehicle "closer" to your own class of vehicle, etc... its just may require much more fighting because YOU are not that insurance companies customer, and their job is to get you to settle for as little money as possible.

 

[3sr+buyer]

I am not an insurance expert, but am fairly certain that this would depend on whether the OP is going through their own insurance (and then having their own insurance subrogate the claim) or going directly through the other persons insurance since the other person has admitted fault.

Whether the OP can go through their own insurance and then have their insurance subrogate the claim to the at-fault driver's insurance company depends on whether the OP has the applicable kind of coverage (in this case, coverage for rental car while their car is being repaired).

 

[jjrandorin]

Whether the OP can go through their own insurance and then have their insurance subrogate the claim to the at-fault driver's insurance company depends on whether the OP has the applicable kind of coverage (in this case, coverage for rental car while their car is being repaired).

Well if they didnt have rental car coverage on their own policy, but wanted a rental car, and were not at fault, then they wouldnt have a choice (which is what I believe you are saying, so I think we are saying the same thing) here.

These are generally personal decisions, but even if you have rental car coverage on your policy (for example), if you are not at fault, and expecting a long repair, it might be better to go directly through the other insurance company since you can likely get a rental car for longer. Your rental car coverage would have no bearing in that case (again, You not at fault, going through the other insurance company).

 

[purple-mice]

When you are not at fault, and you go directly against the counterparty insurance, your negotiation line is the local law (Ex: in CA, the law supports a comparable car/cash comp, for the duration of loss of use + diminished value). It's a personal property damage case in essence. The counterparty insurance is not required to act in good faith towards you (and they probably won't), but there's always the "go to court" card to play at the end of the day.

When you are not at fault, and you go through your own insurance, you are subject to your own insurance's repair and rental policy (ex: the most common complaint is hitting a 2week/30-day rental limit in a long repair). It becomes a contract issue. Many states require your own insurance company to act in good faith.

There are pros and cons for either route. For Tesla, I concur that going against the counterparty insurance can get you better compensation but you have to put up a fight.