Need Help Recouping Costs of Rental Car After Accident

can't you guys go straight to his ins company. I was in an accident a while back the the other drivers ins paid for everything.

Go to your insurance company and explain what's going on. Have them track down his insurance and such. You should have gotten this information from him at the time of the accident. His insurance should have paid for repairs and the rental car.

I've been hit twice and both times the insurance company covered the rental, even once when I was 16 and technically too young to drive a rental.

I would definitely get insurance agents or, if that's too late, an attorney involved. Here in CA he is required to have insurance so if he doesn't have the money to pay you himself that's what the insurance is for!

Your husband is a nice guy, BUT lay down the law, and get a lawyer! I suggest you talk to friends to find one get the number, call, get an appointment, and drag your husband there. Sometimes all it takes is for the lawyer to send a message, (this guy has your mans number)
Failing that, talk to your insurance, sometimes they can handle things.
I had a similar experience in Cupertino as well!

Hi C.,

My husband went through the same thing a few years ago. We immediately contacted the other guy's insurance co after the accident and they set up the rental car and paid for the whole thing (except any extra insurance) and we made sure to tell them where we wanted our car fixed. The body shop worked directly with the his insurance co so we didn't have to do anything extra. I'm a SAHM now, but used to work in law offices, so the first thing you want to make sure is to document EVERYTHING and try to put as much into writing as possible (i.e send him letters, print a copy of emails for your file, etc.). If the guy refuses to cooperate, just file a small claims lawsuit against him (if your out of pocket costs are not more than $5,000) or go to an attorney and file a lawsuit through them if it's more. If you go through an attorney, they will be able to take care of contacting the other party and their insurance company. Once you decide to hire an attorney, DO NOT continue to contact or discuss anything else with the other party. Tell them they had their chance and now need to contact your attorney. It's a pain, but things will finally get taken care of. Just remember, there is only a certain amount of time to take care of things and file a lawsuit (either with an attorney or small claims) so make sure it's not put off for too long.

Good luck and hope you can get this taken care of.

N.

Hi C.,
YOu didn't mention anything about insurance companies--yours or that of the guy who hit your husband. If he doesn't have insurance, that's where your uninsured motorist coverage should cover the repair costs, and if he does have insurance, your insurance company should be talking to his insurance company and his insurance company should reimburse you for the rental as part of the claim settlement. This is one of the reasons we pay for insurance--so that when you are involved in an accident-especially if it's not your fault--your insurance company goes to 'bat' for you, and you don't have to go chasing after the person responsible to get payments out of him. His insurance company pays, and then they charge him with higher rates for a while.

If anyone's insured, get the insurance companies involved now.

good luck! (I'm a licensed insurance producer, so I know of which I speak.)

Hello C.:
I take it you don't know who the insurance company is for this guy? Right....If so how do you know his name?Does he not have insurance? I ask these questions to make sure you've exhausted the "free" method of recouping without going through a lawyer. Maybe you've exhausted the options offered through your insurance company...i.e., subrogation and etc. When it's the other person's fault their insurance company should pick up the rental car tab.

I totally agree that you need to stop any contact with the other driver. Only deal with his insurance, they will deal with him. His insurance will most likely pay for the rental, when I had a driver hit me, her insurance paid for my rental, just reimbursed me for the bill (but don't rent a luxury car, they only allow so much per day).

About your husband and your interaction. I know how frustrating it can be to you when you don't 'see' him taking action. Be rest assured, it does bother him, just not in the same way it bothers you. You can suggest to him that he only deal with XYZ instead of the guy, and ask if you can make the calls. But respect him and don't badger. He needs to know you love and respect him, above all. And, in the instance he is not willing to do anything about it, let it go and forgive him, don't resent him for it. Sometimes they have reasons that we don't understand. They have to work through it on their own. I do submit that this probably isn't the first instance that something like this has happened? Please pick up the book "Personality Plus" by Florence Littauer and "The 5 Love Languages" (I forget author). These will improve your relationship with him and just about anyone close to you by understanding their differences and how you can relate and respond to them.

Take care,
D.

I see that you have a lot of responses already, so I appologize if this repeats.
First, anytime there is an accident both drivers should be exchanging license numbers and insurance information in addition to names, addresses and phone numbers. If this guy hit your car, HIS insurance pays for the whole thing. Repairs to your car and the rental while you car is out of commission. This happened to me in a parking lot last year and my insurance co. called theirs. Both companies took statements from both drivers and the one witness, and within a day her insurance co. called me dircectly saying the accident was her fault and gave me instructions of where to take my car for repairs and where to pick up the rental car they had arranged for me. No claim on my insurance.
If this guy doesn't have insurance than he is breaking the law. Insurance is a requirement in this state. No insurance, no driving. If he was driving someone else's car, their insurance is liable. (insurance follows the car).
You don't need a lawyer. If he has insurance you can call them directly. If he doesn't, call the dmv AND the police in the city where the accident happened. They can direct you. If your hubby hesitates, just make the calls yourself. The longer you wait the harder it is to prove fault.

C.,

Just wanted to ask if the accident was turned over to the other person's insurance? If so, contact that insurance company and tell them that you were out of pocket for a rental car while your husband's car was being fixed. My husband was rear-ended and we didn't have rental car coverage on our policy but the other insurance company reimbursed us directly and our insurance company subrogated for the other damages to our vehicle. See what happens. It can't hurt to try. Good luck. Tracey

Did your husband not get the man's insurance information? If he did, all requests should go directly through them. Did you contact your insurance company? It will not affect your premium if the accident was not your fault, and they will do the work of contacting the other guy or his insurance to get payment.

Why didn't you contact your insurance company and let them handle it?
Confused.

I think the fastest way to get and keep this guy's attention is to file a small claims action. First, make a demand for payment in writing, sent certified, return receipt requested. At the same time, file your small claims action, but ask the court clerk to make your court date about 6 weeks down the road. Tell the guy that if he pays the initial payment and first installment on time, you will ask the court to continue, not dismiss, but continue the small claims hearing. If he pays, then dismiss it. If he doesn't, go to court.

I work for a personal injury attorney and there is not a lot you can do without having rental car insurance of your own or if you were not injured. If the other person does not have insurance then you can file small claims action for property damage. You can put in a DMV SR1 form if you do not know whether there is insurance on the other party and see what they show for damages over $500.
Since he is a chiropractor, send a letter stating you need the actual amount paid with receipts and proof of the damages you incurred and give a time period. Have your insurance company tell you what could be done as well.
Any discussions you or your husband have with this person, follow up with a letter to his office and/or home. All of this will be proof that you were trying to handle this cordially and show that he was not. It will help if you file small claims.
If you need help in writing a good demand to the person, as a paralegal I do some outside work and would be happy to help you. I charge $150.00 per hour and could help you write the demand and see what the response would be.
Let me know if you would like some help.
T. Y., Paralegal

May not directly related to your question but if you rent your car by using your credit card, Visa or Master Card, then you are automatically covered by your credit card company. I had a very pleasant experience of having my credit card company to reimburse the upfront security deposit required by the rental company, Enterprise.

Same thing here. The female driver backed directly into the side of my car. She said she was sorry and would pay for it out of her pocket. Then she got her boss involved and he said he would pay for it and take the money out of her pay checks, I shouldn't have to worry about a thing.

Then it started. They wanted me to get estimates first from 3 different places, which was no problem, but then they said I went to places that were too expensive. They suggested one of the places.I finally told them they could pick from the estimates we had or we could go to court.

She didn't have any money to pay, she needed more time. Days went by. Her boss wanted me to wait to fix my car when he could fix a dent in his car. He never offered again to pay for the damage Daisy had done to my car.

She works right across from me but in a different business and office so Her boss told me not to go over to his business because I would be a disruption.

My car needed to be fixed and my deductable was $500.00+
I told Daisy my ins. would fix my car but she would need to pay my deductable because I didn't have the money.

Again she made up every excuse in the book why she could pay it. No money, her little girl had been sick, single working mom and the list goes on. I have heard this for weeks now.

I reminded her she hit my car. She didn't have insurance the car she was driving didn't have insurance she makes $10.00+ an hour according to her boss and lives with her mom. Sorry, but I raise my daughter by myself, had my own apartment, paid my bills and had insurance on my car to protect me and my daughter from uninsured jerks like her.

Don't put it off. Let him know you will take him to small claims court and he will have to pay for that also. Keep all your receipts for proof and copies of the estimates for your repair. Shows time away from work to get estimates.

Get him for everything. We have to stick together to get these irresponsible people to obey the laws that we have to obey.

My insurance decided to waive my deductable. My car is only 1 year old so there was other coverage that finally kicked in because it was un-driveable and my insurance is going after her for the full $2000.00+ to get my car repaired.

Good Luck and I know how you feel.. My heart truly goes out to you.

SOunds like you're totally in the right! Of course if he gives the guy space to let him do it at his own pace...you will never get paid....did u file a report with the cops? Maybe you should include the insurance....that rental should totally be on his bill not yours..
you're right...you're husband sounds a little TOO trusting.

Good Luck and don't give that guy any slack..oh and chiropractors make decent money...
A.

Did the other person have insurance? If you have their insurance information you can file a claim and recoup your loses if it was the other guys fault. Did they exchange insurance information at the scene of the accident? I would look into it. If he's a chiropractor he probably has insurance.

Hi C.,

You are right you have to set up payments or you will never get any where and then the guy forgets and so does your husband.

Does the gentleman have insurance? If so go through the insurance company if he does not make payment arrangements and stick to it.

You do not need to stress. Just take action.

Hope this helps.

N. Marie

Hi C.,
Oh, how annoying! Stop wasting your time. Take the guy to small claims court. It's not really that big of a deal. I did it a few yrs. ago when I was rear-ended by an uninsured teenage driver whose father (owner of car) refused to take responsibility for his minor. Later he suddenly "forgot" how to speak English. Boy, was he shocked when I switched into Spanish!
Anyways, I gave him ample time to pay me back and mailed him receipts, etc. I even suggested payments. After 4-6 weeks it was time to stop wasting my time. I filled out the paperwork for the county the accident occured (not my county). I received a court date and showed up to that county's court house. A pain since it was the middle of the day and I had to take time off from work and drive 45 minutes each way. Fortunately we were called soon (I think you can end up waiting quite sometime). The judge asked what happened and then placed his judgement. He asked me if payments were ok and I said yes. Only bummer was, I received $100 payments for six months. Annoying, but that's what he could afford. He shorted me the last payment and of course would not respond to me w/ calls and a letter threatening to put a lean on his assets. I learned that process was simply too much, so I let the last payment go. The courts don't really oversee to make sure you're receiving payments. It's kind of like if you have a problem, you have to go back to the courts and figure it out yourself.
Good luck!

I personally don't believe for a minute that he doesn't have the money. I see a chiropractor. I know how much I pay for mine. I know a lot of people pay more. I agree with getting his insurance/your insurance involved with having him pay it. The whole idea of a chiropractor needing to make payments is pretty weird to me.

Don't waste time waiting for this guy to cough up money. By law, he was supposed to exchange insurance information at the scene. I'm assuming he didn't, so get that info now and file directly with his insurance carrier. You might also contact your own insurance carrier and have them go after him. Some insurance companies will do that for their insured, though not all. There is a 2 year statute of limitations on car accidents/injuries, but you do not want to wait. If this individual isn't responding to phone/email communication, stop by his office during office hours and demand the information. If he refuses, sue him in small claims court. At the very least the judge would order turning over insurance information. I don't suppose there's a police report on file? You could try calling the police (non-emergency line) and see if they can assist in getting the insurance info. A final note, sounds like you need to handle this because clearly your hubbie is afraid of confrontation with a stranger (not unusual for some reason).
Good luck!

C.,

The OTHER guy's insurance should be paying for your car rental and repair. I hope you got his insurance info, because you need to call them and make a claim, because it sounds like he's hoping you'll just go away. Maybe he hasn't made a claim at all. If you can't get anywhere with his insurance company you should call a lawyer.

You need to get the guys insurance information. He may not WANT to file a claim with his insurance because it will raise his premiums, but if he doesn't have the money to pay out of pocket, then he doesn't have a choice.

Get his info: insurance, license plate, drivers license, name etc and call YOUR insurance company. They will probably handle tracking down his insurance and getting payment (and save you the attorney's fees). Also, you should have filed a police report. If you didn't do that at the time of the accident, look into it now and see what your options are.

Once you start dealing with the insurance companies (although you'll have to endure some bureaucracy) the process should go more smoothly because at least people will do what they say they're doing. You'll have to get an estimate for the repairs and you can submit the rental car costs as an additional loss.

Hope this helps,
T.

Have you contacted your insurance company? They are paid to handle all of this FOR you! They would even go after his insurance for the rental car expenses. I strongly urge you to contact your's AND his insurance companies. (At least your's, to get some advice!)

Hope that helps...and NO! You are NOT being too pushy. You don't know this guy from Adam. He doesn't know you either. You are NOT his priority...OBVIOUSLY! Let the pros handle it and take the stress out of your day(s)! My husband can be that way too, and sometimes it is warranted, but now is not one of those times! This guy has proved to be a flake...at YOUR expense. I'm sure you didn't just have $700+ just lying around, but you HAD TO pay it...now it's HIS TURN!!!

Good luck to you both and God Bless you and your's!

M....

Any time there is an accident that is not your fault and there is significant damage or injury involved, you need to immediately get the insurance company (and a police report) involved. It is then your insurance company's problem to go after his insurance for the damage, and any reimbursement involved. Don't let this guy snow you.

Hi C.,
So did you go through his insurance to get your car fixed? I don't get a sense of the whole story here. Did you exchange insurance information? You obviously got your car fixed because you had to rent a car. All of this should be taken care of through your insurance companies. Turn your receipts for the rental into your insurance company and have them take it from there with his insurance company. You should never talk to the other driver directly except to get his insurance info. Heaven forbid he tries to turn this into a harrassment suit. Everything that involves the fixing of the car and recouping losses on rentals etc should be going through the insurance companies. That way, your insurance company can issue you a check for your expenses and then they go after his insurance. Very simple. Stop calling him. The money should not be coming from his pocket directly anyway. It should be coming from his insurance company, who then raises his premiums to recoup their losses. So eventually he will have to pay. It just shouldn't be handled between you guys at all. And I hate to say it, but it sounds like you may have to be the one to get things together and turn them in to insurance, since your husband seems to be pretty nonchalant about the whole thing. Then take the $700 and tell your husband you are going to do something wonderful for yourself, since you were the one who worked for it! Good luck!

You need to get that guy to give you his insurance information then contact your insurance company and have them go after his insurance company for the costs. If your insurance pays for the accident, it is a "hit" on your record with them and they can potentially raise the cost of your insurance. I don't think they are supposed to do that, but they always do...the only thing you can do is see if another company can give you a better rate. I would aggressively go after the guy!! It's a lot of money for you too!

Haven't read all the responses-

If you have a decent insurance co at all they will pay you and then they will go after that guys insurance/person with their attorneys. If your insurance co won't take care of this for you, I'd be getting a new insurance co.

If you are on your own with this, go file a small claims court case right now. Sue him. When you win you can go after his bank accounts and if he is smart he'll get his insurance to cut a check immediately.

Good Morning C.,

The last thing you want to do is get a LAWYER at pay out more money you don’t have, for something under the small claims limit, which is $7,500.00 in California. Go in person to the doctor’s office, tell him you want a check on the spot for the entire amount, it’s been far too long already and this guy is “jerking you around”.

When you arrive, he will probably have a receptionist that will ask what you are there for. Hopefully, he will also have patients in the lobby. Be courteous with the receptionist and tell her it is a “personal” matter that is urgent. If you don’t get a positive response, say out loud, but not in an obnoxious manner---just matter of fact, “The doctor hit my car a month ago and didn’t want to involve his insurance---we’ve been very patient, and this can’t be put off any longer!” “I’ll wait right here for the check”.

If he puts you off again either get your own insurance involved or file a small claims suit against the person who hit your car.

However, before you do this ask yourself how much discord is this going to cause at home? Your husband sounds like a nice man and it’s his job to take care of this mess. Without nagging your husband, you might just show him some of the answers you have received and maybe he can go to the doctor’s office and ask for your money. Let us know what happens.

Blessings……..

When I was hit by someone, the insurance company handled everything. I just had to submit all my bills. I didn't have car rental insurance either.

Your husband screwed up by procrastinating for so long. If it was the drs fault it should have been turned into his insurance the same day or the next at the latest. I did that and the other guys insurance paid for everything. You can still try to do that but I don't know if they will do it if it was awhile ago. Call the dr yourself and tell him you are turning it into his insurance. Many people don't want that so maybe he will pay. Hios insurance should pay for the car repairs as well.

I was in an accident a couple of years ago where the other person was at fault. We have rental coverage but it wasn't enough. I just turned the bill into our insurance company and they reimbursed us, I'm pretty sure they recouped the cost from the other person's insurance since they were at fault. If we had been at fault we would have been out of luck.

Hi C., was there a police report of this accident? Why isn't the insurance companies involved? All your husband had to do was call your insurance company and give him the information of the person that hit him. Your insurance agent should take care of the rest. The person who hit your husband should also be responsible for the rental car.
This is just a quick story, my son was involved in a very minor accident 2 years ago. He bumped the guys bumper for minimal damage. He didn't want to get the insurance company involved, so he called my son and harrassed him for $2000. He said more damage was caused then just the bumper. We then got involved. My husband works on cars, so he saw the car involved. Total repair price was $150. He never showed up for repairs. After 6 months he started calling harrassing us again. Demanding we give him cash, or he would contact a lawyer. We ended up going through our insurance company, and was not contacted by this person again. That's what you have insurance for. Good Luck and I hope you get this resolved.

Dear C.,
I would definitely begin by contacting the insurance carrier first, preferably yours so they can ammend the claim for you. If that won't work, try going directly to his insurance carrier. This should have been done at the time the initial claim was filed as part of the cost of repairs, etc. But, since that didn't happen, it may get more tricky. If you have his business address, you should send him a registered letter with return receipt, meaning it has to be signed for. Include the receipt for the rental and say you're writing due to the difficulty you've been having in getting him to communicate with you over the situation. Say you would appreciate his cooperation so that the matter can be concluded for all parties involved. If you can't get anywhere that way, you can take him to small claims court. Just make sure you have copies of the receipts and documentation of all your attempts to contact him. (You may have to explain why you waited so long or it wasn't included on the original claim, etc). I personally wouldn't bother with an attorney. It will cost you more in fees than the $700 you're trying to get out of the guy that hit your car.

I had to have a rental after an accident which my insurance did not cover. The repairs took longer than estimated and I ended up just eating part of the cost of the rental. I was going through a divorce at the time and one more court thing would have sent me over the edge.
The guy most likely thinks you're bluffing about attorneys because of the low amount of money. But, if he is a chiropractor, he might have a hard time convincing a small claims court that he can't afford $700. I'm sure someone else on here knows, but you might be able to get your court fees and costs included in the judgement. I'm not sure on that part.

Anyway, good luck! Times are tough and $700 is worth fighting for.

You should be talking to his insurance, not him.

And don't make assumptions about his financial circumstances. People have money troubles even if they have "good" jobs. Off the top of my head, I can think of a lot of reasons he might not have money--illness in the family? Student loans? Bad mortgage? Fewer patients because everyone is broke?

I'm sure that he hit your car by ACCIDENT. Yes it has caused lots of inconvenience for you and a tremendous headache. Your car should be repaired. His insurance should pay for it.

Don't waste your time being angry, no matter how at fault the other person is. Holding a grudge is like taking poison and expecting the other person to die. Let the anger go, but do follow up with his insurance.

Hi! Does the other guy have insurance? Will your insurance company help you handle this situation to recover the costs for the accident? Have you opened a claim with your insurance company so that they can go after the other guy's insurance (if he has insurance)? I think that your insurance company should help you recover these types of costs while they handle your claim because he hit your car...even if you don't have rental car coverage in your policy.

You need to be contacting your insurance and having them contact his insurance. If he doesn't have insurance, then he needs to be arrested since it's against the law to drive without insurance. You need to stop calling him yourselves. If your insurance can't get this taken care of, then you need to get a lawyer.

Small claims court.
And inform him by letter - registered, get receipt - that you are going to do so.
And get on it now - there is a magic "window" for making claims.
I think it is a year.
If you don't start by then, you can't begin it later.
And there is no reason you can't do all the footwork for this - set it all up, so all he has to do is sign a letter.
And get copies of the emails agreeing to pay.

Did the guy not have insurance? His car insurance should be paying for your rental car.

Unless your husband is injuried don't get a lawyer. If you have the other guys car insurance information call his insurance company and make a claim. If he has not filed one yet they are required to take you information as notice of claim and will contact him for the rest of the information about the accident(they have time specific requirements as to when things have to be done by, so it may not be fast, but must claims adjusters want claims off there desk so if it clean cut they tend to go quickely) Sounds like it was a clear cut accident, however if they guy is trying to stiff you on paying don't be surprised if the accident wasn't clear cut to "stretch the truth" a bit to try to get out of it. Remember his insurance company has to believe him unless evidence is clear to your side. If you don't want to go that route small claims court may work for you, but again watch for stretching the truth, and hope you got good photos of both vehicles prior to getting your's repaired. In the future file with your insurance company and let them do the work. Good luck

NEVER make a deal with someone that you've been in a auto accident with. Did you take this to your insurance co.? They would be the first place to recoup costs. If not get a lawyer to recoup your costs and any pain and suffering...lost wages etc.

Also, REMEMBER to file an SR101 (?) with the DMV. You have to do this to notify the DMV that there was a accident and they will make sure he had insurance etc. If he doesn't he may be suspended from driving.

I'm going through all of this right now

Good Luck and remember this guy has NO incentive to pay you...seek help!

Hello C.: Recently I was hit by a woman in Patterson Ca. She was on the cell phone, yelling at someone, and it was raining- after hitting my car she nearly hit an employee who tried to stop her from taking off. I still have not recouped my expenses.
I am sending a letter to the Distric Attorney of said area and with the police report information asking that they help me recieve compensation for my expenses. With all the laws that the person broke I figure that it be seriously considered. BUT I am going to also ask that the DA office drop all charges if they buy my car and gives restitution for my expences. You see we have a wheelchair lift in the back of our van that could not be used because of her selfish action. I had to fight with the Patterson PD to get a copy of the report and had to call the DA office fro the PD to get them to release it so don't give up id you have not gotten your report yet.

I was told by the police that I needed to inform DMV of the accident and to make my insurance company go after the woman. So If your husband won't do any of it because he thinks they will come forward in honesty then he is in for a big surprize. I hope he got pictures of anything that happened on the cell phone. I was blessed that 2 witnesses had their phones out and got her licence plate. Good Luck, I know that I am still angry and told that to the DA as well-- that this person had the right to ruin my life or yours and not want to be responsible is the ultimate in rudeness. I admire you for not posting his name so people will think twice about going to him. Maybe you need to send a certified letter to his office. Good Luck, Nana Glenda

I would go to the county court house and file a small claims case. Legally he has to pay you. You could also call his chiropractic office to get the hours because he will have to be served, and the person's who filed the claim can not be the to serve him. If he does not show up in court you win by default regardless. You can also get a friend to serve him, they have to be over 18. All they have to do is hand over the papers and say "you've been served", if the person refuses to take them, just leave them on the counter or ground it does not matter, all they have to do is verbally verify that is the correct person. This way, you will have a judgement, and you won't loose your funds. But that does not mean that you will see your money immediately. But at least you can eventually recuperate it. You can also file a lein on his property after you get the judgement. That is what we had to do. I think you only have a certain amount of time to get the lein filed, but I don't remember.
W.

Hi,
My husband was hit and our car insurance also does not have rental car coverage. However, because the other car was at fault, his car insurance company was responsible for the rental car fees. I would contact his car insurance ASAP and file a claim. Keep all of your receipts and be prepared to call multiple times. It actually was the first reimbursement check we received out of the whole thing and was quickly processed once you get the right person. Best of luck.