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re: Obtaining a rental when involved in an accident where other party is at fault

Posted on 2/8/17 at 3:04 pm to
Posted by Napoleon
Kenna
Member since Dec 2007
74873 posts
Posted on 2/8/17 at 3:04 pm to
true, but it is hard to get over that.

Posted by Ex-Popcorn
Member since Nov 2005
2370 posts
Posted on 2/8/17 at 3:07 pm to
OP - you need to contact the repair shop and tell them that you will not accept anything other than OEM parts. The other insurer will be working with them attempting to get them to use cheaper, replacement parts.

Again, that may be what they would do for their own insured per contract, but that doesn't control you.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59443 posts
Posted on 2/8/17 at 3:14 pm to
OP I wouldn't demand or dictate anything and come off sounding like a dick. Get clarification on on what they'll allow for the rental and go from there.

If you ask for OEM parts you may get them, you may not. If your wife drives a 2009 Suburban, you'd be less likely to get them due to the age of the vehicle.

However, It never hurts to ask, and you'll never get what you want if you don't ask. The nicer you are the more likely you are to get what you ask for. If you come out guns blazing being a jerk, you'll probably get the minimum of whatever your are owed.
This post was edited on 2/8/17 at 3:16 pm
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
76146 posts
Posted on 2/8/17 at 3:16 pm to
quote:

but I was involved in a weird accident where a vehicle on the opposite side of I-12 entered the median and threw debts onto my windshield that made my vehicle where it could not be driven.
This was a weird accident.

Too bad we don't have debtor's prisons anymore.

Did you hear about the terrible explosion at the cheese factory?

The first responders were sad because all they could find was da brie.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 2/8/17 at 3:16 pm to
quote:

This is just because you accepted it. The other driver's insurer is not your insurer. They do not control what you can and cannot rent. They will try to tell you that they only pay $35/day or something stupid like that. Tell them you are not their insured and they will not dictate what you rent. Tell them you are going to rent a comparable vehicle and they can either pay for it or get sued for it...but they are going to pay either way. They will cave and pay.


Here is your answer.

Are you in the industry, popcorn?
Posted by Ex-Popcorn
Member since Nov 2005
2370 posts
Posted on 2/8/17 at 3:22 pm to
quote:

Get clarification on on what they'll allow for the rental and go from there. If you ask for OEM parts you may get them, you may not. If your wife drives a 2009 Suburban, you'd be less likely to get them due to the age of the vehicle. However, It never hurts to ask, and you'll never get what you want if you don't ask. The nicer you are the more likely you are to get what you ask for. If you come out guns blazing being a jerk, you'll probably get the minimum of whatever your are owed.


Dude, are you the his other driver's adjuster? This is awful advice. These insurers have teams and teams of people trying to screw him. Why are you telling him to accept less than what he's entitled to? He didn't cause the accident. He's already inconvenienced by this accident. He's entitled to be put back in the position he was in before the accident. If his car had OEM parts, you think he should just accept lesser quality parts? Seriously, this is messed up advice.
Posted by Ex-Popcorn
Member since Nov 2005
2370 posts
Posted on 2/8/17 at 3:23 pm to
quote:

Are you in the industry, popcorn?


Not in the insurance industry, but I've gone after them before.
Posted by wheelr
New Iberia
Member since Jul 2012
6225 posts
Posted on 2/8/17 at 3:23 pm to
I got hit by a state farm insured vehicle a few months ago.

They said the rental limit was 25 a day. They set everything up through hertz and had a Jeep SUV waiting for me.

And like someone else mentioned, get OEM replacement parts, don't let them cheap out. Also review the adjuster's estimate. In my case I noticed they had put the wrong model tire (a cheaper model).
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 2/8/17 at 3:23 pm to
quote:

OP I wouldn't demand or dictate anything and come off sounding like a dick. Get clarification on on what they'll allow for the rental and go from there.

If you ask for OEM parts you may get them, you may not. If your wife drives a 2009 Suburban, you'd be less likely to get them due to the age of the vehicle.

However, It never hurts to ask, and you'll never get what you want if you don't ask. The nicer you are the more likely you are to get what you ask for. If you come out guns blazing being a jerk, you'll probably get the minimum of whatever your are owed.


This is the type of guy that car dealerships love...don't know what the frick their talking about and dot want to be a meany pants.

As popcorn has stated, things are different with a 1st party and 3rd party claim.

However, I wouldn't be too much of an @SS if you're not getting an attorney. The adjuster may fight you on other damages harder if he doesn't like you. Regardless, he will be trying to make the claim as cheap as possible.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59443 posts
Posted on 2/8/17 at 3:25 pm to
I'm not telling him to accept anything less than what he wants. There's no need to be an a-hole right off the bat when simply asking for what you want will most likely get the job done.

And yes, all insurers have teams of people out there to specifically screw everyone they talk to. You nailed it.


My point is if you're not a dick, the adjuster will (should) everything they can to help you out as much as they can.
This post was edited on 2/8/17 at 3:27 pm
Posted by Ex-Popcorn
Member since Nov 2005
2370 posts
Posted on 2/8/17 at 3:26 pm to
quote:

I'm not telling him to accept anything less than what he wants.


That's exactly what you were telling him to do.
Posted by LSUsmartass
Scompton
Member since Sep 2004
82755 posts
Posted on 2/8/17 at 3:26 pm to
I am not at all a dick, I even thought to ask if they had limits on rentals...they were dickish with their "just don't get anything too ridiculous" reply
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59443 posts
Posted on 2/8/17 at 3:28 pm to
Yea I don't like that either, that's why I said to clarify and go from there. If the $ amount they give you outs your wife in a comparable vehicle, great. If not, ask them to increase as you have an SUV for a reason.

This post was edited on 2/8/17 at 3:29 pm
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59443 posts
Posted on 2/8/17 at 3:30 pm to
There's a difference between not being a meaney pants and not being an a-hole. You can fight for what you think you are owed within being a total dick.

Posted by Boudreaux35
BR
Member since Sep 2007
22281 posts
Posted on 2/8/17 at 3:31 pm to
quote:

My wife drove an SUV, is it reasonable to expect something of similar size in return?


Reality is that any time you deal with insurance, they are going to give you as little as you will accept. That's the way they make money, minimizing expenses.

Also, ANYTIME you deal with insurance, you have to be ready to stand your ground and demand fair treatment. They will low ball you, every single time. There is no reason why you cannot expect an equal vehicle as a replacement while yours is in the shop.
Posted by LSUsmartass
Scompton
Member since Sep 2004
82755 posts
Posted on 2/8/17 at 3:32 pm to
So onto the next topic, will they automatically offer a depreciation check? Or do I need to request it?
Posted by gonzo03
Ponchatoula
Member since Nov 2008
648 posts
Posted on 2/8/17 at 3:33 pm to
They will fight you like hell on this too, and you will have to request it.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59443 posts
Posted on 2/8/17 at 3:36 pm to
Nope. Diminished value is what you're looking for, let the adjuster know you'd like to file a claim for that as wel.
Posted by Butch Baum
Member since Oct 2007
3619 posts
Posted on 2/8/17 at 3:37 pm to
The word you are looking for is diminution of value. There are ways to calculate that on the web. Unless the car is pristine and less than 2 years old, it won't be much.

They basically owe you to do what you did before with your car, and don't necessarily owe you same year and model. Injury claims affect how they respond. Read your estimate and go to a reputable shop, but like everything else, the crap that is advertised on TV is usually not the best.
Posted by LSUsmartass
Scompton
Member since Sep 2004
82755 posts
Posted on 2/8/17 at 3:38 pm to
I'm not going to fight them on that, if I ask and they say no then fine...just fix the car
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