Sideswiped in San Francisco: adjuster unwilling to pay for a car rental!

[Vinny809]

Adjuster refuses to pay for my car rental despite taking 100% liability and my car is not drivable!

I ended up filing a first party claim because I can’t deal with third party anymore. At first I thought the third party adjuster was accommodating and a friend but soon realized he’s out to screw me. Now I have another question.

I did not elect to get rental coverage through my insurance so they will not subrogate car rental claims for me. I will need to file a loss of use claim with the third party adjuster myself. The third party adjuster lied at stated that first party must file rental reimbursement for me which is incorrect. I even called the insurance board to clarify. Secondly, I proved that my car was not drivable with photos and stated since the initial claim that my car was not drivable. He didn’t believe me and ignored and denied my numerous requests for a rental car until the inspector looked at it. I needed a car so rented one myself. I even tried to ask for coverage limits but that request went ignored. The inspector did deem my car not drivable 2 weeks later. But I already rented a car, similar to my own which is a Model Y performance. Now he is not willing to reimburse me and is trying to put me in a economy car $29 per day. Is he negligent for not telling me the daily spending limit for a car rental? I have asked numerous times but he simply ignored and denied my request. I rented a Tesla Model 3 off Turo. It is not my fault he didn’t give me any guidance on spend limits.

I drive a Tesla Model Y performance and under California law, I am legally obligated to be provided a like-car. What’s my course of action? Is it time to file a complaint with the insurance board and file a suit through small claims? The adjuster stopped returning my phone calls and selectively responds to some emails.

I’m just so ready to take this to small claims court.

 

[hsfrank]

first of all, what you were talking about is a third-party claim. The adjuster for the insurance company, ensuring the person who had the accident with you he’s under no obligation to provide you with a rental car. His only obligation is to protect the interest of the party that he insures as economically and as possible. while it probably is in his best interest to furnish you with a rental car, he is not obligated to do so. Therefore, filing a complaint with the insurance commissioner while possible, will not be fruitful and instead be time consuming and perhaps, frustrating.

Your only remedy, in the event that you do not have rental car coverage is to rent a car and then seek reimbursement in a small claims action. Make sure you notified your insurance company that you are doing this technically it is up to you to mitigate your damages in renting a car. You certainly will not be reimbursed if you go and rent a quarter of $1 million Lamborghini , However it’s probable that a rental of a tesla performance model Y would be reimbursed under the concept of like for like.

you asked about negligence and failing to advise you of a daily spending limit. That concept is only applicable to your own rental car coverage. Should you have it. In pursuing a third-party claim his limit of $29 a day is only his concept of what is fair and equitable . Whether that is correct or your actual cost of rental of a model Y performance is a matter for a judge to decide. When you file a small claims summons, you file it against the person who hit you not their adjuster or insurance company. My guess is that once you file it, they will reach out to you and try and affect a settlement of that claim.