Newbie got rearended Insurance company giving run around.

[Ultrarunner]

Aside from getting the State involved through the office of Insurance Commissioner there isn't much without getting the car repaired first.

In the future... carrying full coverage and letting the Insurance Companies battle it out is the way to streamline the process.

Paying out of pocket for the repair and then going after the insured person that hit you in court has never failed for those I know...

You never sue the Insurance Company... you go after the driver/owner of the vehicle that caused the damage.

My opinion is I would not cash a check equivalent to 20 cents on the dollar...

Insurance and Lawyers due a lot of posturing and take calculated risks... knowing many simply give up.

Had a friend with a body shop and he had some stories about hidden damage... these were on higher end cars... like Porsche and Mercedes Benz... the type of construction and the speed they are capable of demand expert repairs and often the insurance companies would balk...

[aus1ander]

Originally Posted by Ultrarunner

Paying out of pocket for the repair and then going after the insured person that hit you in court has never failed for those I know...

You never sue the Insurance Company... you go after the driver/owner of the vehicle that caused the damage.

My opinion is I would not cash a check equivalent to 20 cents on the dollar...

Exactly what I was about to post. The OP needs to get the car repaired at the body shop of their choice, pay the cost, and then sue Alamo in small claims court.

There is no way to know if your loss is "only" $1500 or much more when they start the tear down and see want hidden damage there is. Make sure the shop documents all changes to original estimate with pictures. Make sure any estimates you receive are itemized.

My recommendation is (if you have the cash) to get the car repaired, keep all receipts (including rental car costs), and then send Alamo AND the insurance company the bill. Then sue Alamo for the total when and if they refuse.

You don't need a lawyer as long as it does not exceed the limit in small claims court. You will win as long as you have good documentation of the accident and pictures of the damage to your car (and the rental who hit you). In the age when even dumb phones have cameras, there is no reason to not have pictures of the damage to both your car and the car that hit you at the time of the accident (unless its a hit and run).

[acreary]

Originally Posted by Ultrarunner

Aside from getting the State involved through the office of Insurance Commissioner there isn't much without getting the car repaired first.

In the future... carrying full coverage and letting the Insurance Companies battle it out is the way to streamline the process.

Paying out of pocket for the repair and then going after the insured person that hit you in court has never failed for those I know...

You never sue the Insurance Company... you go after the driver/owner of the vehicle that caused the damage.

My opinion is I would not cash a check equivalent to 20 cents on the dollar...

Insurance and Lawyers due a lot of posturing and take calculated risks... knowing many simply give up.

Had a friend with a body shop and he had some stories about hidden damage... these were on higher end cars... like Porsche and Mercedes Benz... the type of construction and the speed they are capable of demand expert repairs and often the insurance companies would balk...

Yea I got a reply from the state commission they said they would not be able to get involved because Alamo is self insured. i tried contacting Alamo and really have no idea how to go about sueing them. I explain the situation and they connect me back with their claims department aka rental insurance services. They have no direct number for the physical place the car was rented from. Sending out these certified letters alone is beginning to cost me a bit of cash. One thing I've learned from this is to lawyer up (and probably neck brace up). As soon as I step out the car in future. Unfortunately I don't have the luxury of paying out of pocket to fix the damage. I told them I won't be cashing their $200 check they sent me until I get what is owed then maybe I'll take them up on their free oil change coupon.

[markg91359]

Originally Posted by acreary

Yea I got a reply from the state commission they said they would not be able to get involved because Alamo is self insured. i tried contacting Alamo and really have no idea how to go about sueing them. I explain the situation and they connect me back with their claims department aka rental insurance services. They have no direct number for the physical place the car was rented from. Sending out these certified letters alone is beginning to cost me a bit of cash. One thing I've learned from this is to lawyer up (and probably neck brace up). As soon as I step out the car in future. Unfortunately I don't have the luxury of paying out of pocket to fix the damage. I told them I won't be cashing their $200 check they sent me until I get what is owed then maybe I'll take them up on their free oil change coupon.

By now you should be learning that Alamo isn't going to do the "right thing" on its own. Too many people fall into what I am going to call the "justice trap". They believe that because something is the right thing to do that if they keep writing letters and keep complaining that eventually their problem will be resolved to their satisfaction.

Sometimes the world works that way. However, just as often, it does not. If you remember, in the beginning, I suggested that the insurance commission wasn't going to work for you.

Its time to do one of two things: 1. Either give up and simply eat the loss; or 2. Proceed to Small Claims Court.

You say you have no idea how to go about suing someone. Let me give you a few pointers:

1. The lawsuit must be brought against the driver of the car personally, not Alamo.

2. It will be necessary to have process served against the driver of the car.

3. Go to the courts website for your state and look up "Small Claims Court". Generally speaking, there will be some simple advice online about how to file such a suit in your state as well as a pre-printed packet of forms. Reading through the forms can educate you a lot. If this fails, go down to the nearest courthouse and ask the court clerks for advice on filing a small claims court case. They ought to be able to tell or show you something. If that fails, call some lawyers on the phone and ask their advice about filing such a case. I always gave free advice to anyone who called my office on filing such a case in my state. I would usually even spend up to five or ten minutes on the phone answering their questions simply as a public service. The right lawyer in your state should do the same thing.

Its time to fish or cut bait. Complaining and letters are getting you nowhere.

[acreary]

Originally Posted by markg91359

By now you should be learning that Alamo isn't going to do the "right thing" on its own. Too many people fall into what I am going to call the "justice trap". They believe that because something is the right thing to do that if they keep writing letters and keep complaining that eventually their problem will be resolved to their satisfaction.

Sometimes the world works that way. However, just as often, it does not. If you remember, in the beginning, I suggested that the insurance commission wasn't going to work for you.

Its time to do one of two things: 1. Either give up and simply eat the loss; or 2. Proceed to Small Claims Court.

You say you have no idea how to go about suing someone. Let me give you a few pointers:

1. The lawsuit must be brought against the driver of the car personally, not Alamo.

2. It will be necessary to have process served against the driver of the car.

3. Go to the courts website for your state and look up "Small Claims Court". Generally speaking, there will be some simple advice online about how to file such a suit in your state as well as a pre-printed packet of forms. Reading through the forms can educate you a lot. If this fails, go down to the nearest courthouse and ask the court clerks for advice on filing a small claims court case. They ought to be able to tell or show you something. If that fails, call some lawyers on the phone and ask their advice about filing such a case. I always gave free advice to anyone who called my office on filing such a case in my state. I would usually even spend up to five or ten minutes on the phone answering their questions simply as a public service. The right lawyer in your state should do the same thing.

Its time to fish or cut bait. Complaining and letters are getting you nowhere.

Well the driver of the car is an italian citizen and is most likely back in his home country if the case is that I have to sue the actual driver then I might as well just give up now. It was my understanding that in this sort of situation you would sue the owner of the car which would be alamo rental car though? The guy bought the rental insurance coverage and admitted he was at fault so I am not sure how he could be held responsible for this legally.

[markg91359]

Originally Posted by acreary

Well the driver of the car is an italian citizen and is most likely back in his home country if the case is that I have to sue the actual driver then I might as well just give up now. It was my understanding that in this sort of situation you would sue the owner of the car which would be alamo rental car though? The guy bought the rental insurance coverage and admitted he was at fault so I am not sure how he could be held responsible for this legally.

It gets involved. However, our system doesn't allow people to cause accidents in one place and than escape responsibility by moving or going somewhere else. Personal jurisdiction can be obtained over the Italian who was in this country through some form of substitute service of process. I believe you live in California? There is a California statute that appoints the Department of Motor Vehicles as the agent for this man to accept his service of process for him.

You may find there is an official in your area known as the "small claims adviser" who can help you with some of these issues.

I admit though it adds another complexity to your case. Perhaps, it isn't worth your time to pursue this. If you do decide to try and pursue it, I'd get advice from an attorney in your state. Getting advice doesn't mean hiring an attorney.

There does come a point when you have to quit. You'll have to decide for yourself if you've reached that point.

[sj08054]

The renter is not responsible to pay for the repair because they got insurance on it.

OP problem is with the self insurer. I encountered a similar situation with a rental agency a few years ago when one of their rented car causes $6K+ worth of damage to my vehicle. I was persistent with going after them from the beginning. At one point, my boy shop simply told me to say this to the adjuster "I am getting stress out with this whole process and I am getting headache.. I am going to see the doctor". In my situation. I had the rental agency give me the rental. They initially set me up with a subcompact and I refused. I told them your vehicle hit my SUV. I want an SUV.

BTW.. in my situation.. the renter was an Indian person in the USA with work visa. He only had an International DL and rented the car to learn how to drive in the US. I even had to go to court because the police wrote the ticket as reckless driving. He actually showed up with an attorney. Prosecutor consulted and informed to me that he would allow a plea down since there were no injury.