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      10-01-2012, 06:44 PM   #1
guywithabmw
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Is insurance required to pay for a rental for as long as repairs take?

Because in an appraisal report they think it will take four days and they said they will pay for four days, but I'm thinking there's no way it will be done in that short a time frame.
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      10-01-2012, 06:57 PM   #2
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Depends on coverage.
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      10-01-2012, 07:10 PM   #3
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I wasnt the at-fault driver.
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      10-01-2012, 07:40 PM   #4
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Read your policy, it'll tell you.
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      10-01-2012, 07:47 PM   #5
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Quote:
Originally Posted by Bronze View Post
Read your policy, it'll tell you.
If you still have questions after reading your policy, give your agent a call.
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      10-01-2012, 07:53 PM   #6
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Generally, the law requires that the at fault party is responsible for either 1) the full replacement/current market value of vehicle or 2) cost to place vehicle in pre accident condition plus loss of use of vehicle for the time vehicle out of service. (Understand that this is typically a matter of statue and therefore can vary from state to state. )

So in short, yes, they would generally be required to pay for loss of use of your car for the entire period vehicle is out of service, which could be a monetary amount added to your claim, or a rental car.

Now, if your insurance is covering the damage to your vehicle, then whether or not you are entitled to a rental car would be determined by your insurance contract.
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      10-01-2012, 07:56 PM   #7
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best method is to contact your agent. Agents hold all the pull and the insurance companies like to keep them happy. Even if your policy doesn't cover it your agent may be able to get it for you.

Last edited by Envuks; 10-01-2012 at 07:56 PM.. Reason: type-o
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      10-01-2012, 08:05 PM   #8
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Is insurance required to pay for a rental for as long as repairs

Quote:
Originally Posted by guywithabmw View Post
I wasnt the at-fault driver.
THe at fault party should pay.
You might have to fight.
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      10-01-2012, 08:21 PM   #9
guywithabmw
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The other party is 100% at fault and their insurance is paying.

Now if they try to BS me, is there anything I should say? What are my rights here?

Sorry, this is the first time I'm dealing with this and I'm pretty ignorant about the whole process.
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      10-01-2012, 08:30 PM   #10
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I'm pretty sure you'll get free rental as it happens to a buddy of my just recently, he was not at fault so the other party covered full coverage, cost repairs and rental. Give his/her insurance a call.
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      10-01-2012, 08:39 PM   #11
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typically their insurance will pay but it will not be comparable to your bmw or will not even be a reasonable amount. I was offered $35/day which cant get you anything in nyc area. You will basically have to fight more better reimbursement.
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      10-01-2012, 08:41 PM   #12
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There is a maximum number of days it takes. i think its 21-24 days. id check your insurance to make sure.
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      10-01-2012, 08:50 PM   #13
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Depends on your state and the insurance company. I work in auto claims in California, here we'd owe you for a comparable rental vehicle for a reasonable amount of repair time. So, if you have a Suburban, we can't give you a Nissan Versa rental car and say deal with it, we'd have to pay for a large SUV. If the estimate says it'll take 4 days, and it ends up taking 5 or 6, it can be considered "reasonable" and we'll cover it. But if the shops got your car for 2 weeks and doesn't have any reason for having it for that long (haven't found any additional repairs that need to be done or had any reasonable delays), you might get cut off. Depends on the insurance company and the repair, every case is different.

With that being said, what happens in 99% of my claims is that the initial estimate is written up, the car is taken to the shop, and the shop finds additional damages that were not on the initial estimate. The shop calls us, we add the additional repairs (and repair time), and cover additional rental days accordingly. I very rarely refuse to cover repair days for rental. The reason for this is that the intial estimate is written before the car is torn down, so not all damage is visible at the time of the initial inspection.

If the insurance company does cut off the rental before your car's finished for whatever reason, you still have a few options.

1. You can, of course, take the rental back on the last day the insurance will cover.

2. You can see if the shop will cover those rental days for you that insurance is not going to cover. This is actually fairly common, as you are the shops customer, not the insurance companys, so the shops tend to try to help out as much as possible.

3. If 1 and 2 are out of the question, you can pay for the extra rental days out of pocket and ask for reimbursement from the person who hit you. If they decline, you can take them to small claims court.


Let me know if you've got any other questions, especially if you're in California. If you're in another state, the above might not even be true, haha. But I'd imagine it's relatively similar is most areas.
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      10-01-2012, 08:56 PM   #14
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I'm in NYC but that was good advice, thank you.
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      10-02-2012, 01:21 AM   #15
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Last time I got in an accident the at-fault driver's insurance (not me) paid for everything repairs to my car and rental Approx. 5k, I think I sent the right message-don't ever hit a BMW again, the owner might take it to get repaired at the most expensive shop he can find
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      10-02-2012, 08:45 AM   #16
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Quote:
Originally Posted by GTLegacy007 View Post
Depends on your state and the insurance company. I work in auto claims in California, here we'd owe you for a comparable rental vehicle for a reasonable amount of repair time. So, if you have a Suburban, we can't give you a Nissan Versa rental car and say deal with it, we'd have to pay for a large SUV. If the estimate says it'll take 4 days, and it ends up taking 5 or 6, it can be considered "reasonable" and we'll cover it. But if the shops got your car for 2 weeks and doesn't have any reason for having it for that long (haven't found any additional repairs that need to be done or had any reasonable delays), you might get cut off. Depends on the insurance company and the repair, every case is different.

With that being said, what happens in 99% of my claims is that the initial estimate is written up, the car is taken to the shop, and the shop finds additional damages that were not on the initial estimate. The shop calls us, we add the additional repairs (and repair time), and cover additional rental days accordingly. I very rarely refuse to cover repair days for rental. The reason for this is that the intial estimate is written before the car is torn down, so not all damage is visible at the time of the initial inspection.

If the insurance company does cut off the rental before your car's finished for whatever reason, you still have a few options.

1. You can, of course, take the rental back on the last day the insurance will cover.

2. You can see if the shop will cover those rental days for you that insurance is not going to cover. This is actually fairly common, as you are the shops customer, not the insurance companys, so the shops tend to try to help out as much as possible.

3. If 1 and 2 are out of the question, you can pay for the extra rental days out of pocket and ask for reimbursement from the person who hit you. If they decline, you can take them to small claims court.


Let me know if you've got any other questions, especially if you're in California. If you're in another state, the above might not even be true, haha. But I'd imagine it's relatively similar is most areas.
This..except in GA if you have a SUV we can provide you with basic transportation unless you prove to us you have a specific need for a vehicle. Just because you drive a quad cab diesel truck we will put you in a nissan versa unless you show us its actually used as a work truck or something like that.
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      10-02-2012, 08:46 AM   #17
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Quote:
Originally Posted by BrazilianBimmer View Post
Last time I got in an accident the at-fault driver's insurance (not me) paid for everything repairs to my car and rental Approx. 5k, I think I sent the right message-don't ever hit a BMW again, the owner might take it to get repaired at the most expensive shop he can find
Yea dont do this. Its a good way to screw yourself.
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      10-02-2012, 09:12 AM   #18
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Quote:
Originally Posted by guywithabmw View Post
Now if they try to BS me, is there anything I should say?
Repeat after me: "Ow, my neck hurts!"

Seriously though, look very carefully into what your state's laws are regarding loss of value to your car due to it having been in an accident and subsequently repaired. Point being that given two identical used cars for sale, the one showing an accident & repair on its carfax will usually sell for less than the one that's accident free. You should try to capture this loss of value in addition to the cost of repairs and rental. Might be much easier said than done though...
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      10-02-2012, 12:29 PM   #19
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So far, nobody's stated the obvious - it's YOUR car covered by YOUR insurance
policy. Who ultimately pays is out of your hands. Your policy will state what
sort of rental coverage it provides. Your insurance company will seek reimburse
ment from the other person's insurance company, provided they're found to be
"at fault".

Read your policy.

Nobody in this forum has a copy of your policy other than you.

Good luck.


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      10-08-2012, 11:45 AM   #20
guywithabmw
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I need more advice but I didn't want to make a thread, here goes:

The damages according to the adjuster was $1200.

They send check for $1200.

I take it to body shop. Damages are well north of $1200.

Check arrives.

Do I cash check? And do they have to send me another check for the differences?

If I cash it do I essentially forfeit my right to 100% of the repair bill?

What do I do here?
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      10-08-2012, 12:18 PM   #21
gpb
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Quote:
Originally Posted by guywithabmw View Post
I need more advice but I didn't want to make a thread, here goes:
This is where it's very handy to have a local insurance agent to talk to for advice even if you're working your claim against the other party's insurance. If you have one, talk to him or her and get advice specific to your state and its laws.

If you don't have an agent to talk to, then talk to the repair shop and get their advice. My guess (based on what I've experienced in Georgia) is they can send the updated estimate to the insurance company and get authorization for the higher amount before continuing work. YMMV.

The trouble with seeking advice on matters like this from an internet forum is discerning whether any given response comes from someone who knows the real answer or is from someone talking out their arse.
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