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[Resolved] I need some legal advice

5K views 41 replies 17 participants last post by  lqaddict 
#1 · (Edited)
Hello my fellow bimmerfesters.
I am in need for a legal advice, specifically my course of action in filing a small clams court lawsuit.
Here is what happened.
My car is a lease (36 month term started in October 2011), on January 5th 2013 my car was involved in a car accident and 100% fault has been assigned to another party.
My car is still in the shop being repaired, and by the time I might get my car back I would be out of it for more than a month.
My understanding of lease vs finance situation is that the lease is a rent as opposed to the financing (ownership). Now I am trying to get another company to reimburse me for the lease payment I incurred for the month my car is at the shop being repaired and not used by me. And it does not look like we are on the same page - so am I being unreasonable to request being reimbursed for my lease payment for the month my car is in the shop because it wasn't my fault?
Should I file the lawsuit against the other insurance company or their insured?
Thank you,
 
#5 ·
My insurance provides the coverage ($30/day up to $900 limit per incident), and I incurred out of packet on that as well - the other insurance company will reimburse my insurance company and me if the rental is of the same class as my car - I am told Toyota Corolla is in my class, I am trying not to laugh.
 
#4 ·
If the rental company is providing you with a car then IMO they shouldn't have to pay for your lease.
 
#8 ·
You are fighting a losing battle. Don't make your life more complicated than it has to be. The at fault party's insurance company should provide you with a rental car for the entire time it takes for your car to be repaired.
 
#13 ·
Whenever I needed a car I always went with Hertz, but apparently I can only use Enterprise for the insurance purposes.
All I want is my car back, it will be great if it drives straight as it did before the accident - I have low expectations though :sigh: Well enough with the bickering, I will keep you all updated.
Thanks for the advice so far!
 
#15 · (Edited)
You know, considering the static I took from Boris about my post-rear-ending rental Taurus during CTC4, I'm desperately trying to suppress an occurrence of schadenfreude while reading this. ;)

Remember, this too will pass!
 
#16 · (Edited)
You know, considering the static I took from Boris about my post-rear-ending rental Taurus during CTC4, I'm desperately trying to suppress an occurrence of schadenfreude while reading this. ;)
Thanks Zooks! Karma is a b!tch after all :D
P.S.: I hope I will have my Bimmer back by the C2C5, :crossfingers:
 
#19 ·
What you'll probably have to do is make the payment and talk with your insurance company. They'll negotiate for you. If your insurance has a 'loss of use' clause, you're set.

Insurance companies don't want to go to court unless they have to, especially if they're going to loose. An example: My wife was stopped for traffic trying to enter the local interstate when she was rear ended. The shoulder strap fractured her clavical so she was out of work for a bit. Rather then facing a lawsuit, the at fault's insurance paid for the work she missed AND all the overtime she missed! She also got pain and suffering tacked on.

You don't have to sign off until you're satisfied.
 
#20 ·
The thing is the insurance companies, neither mine nor the party at fault, doesn't want anything to do with. I originally went through my insurance to get the car on the road ASAP, and I am paying for rental coverage on my insurance ($30/day) and I still have to struggle trying to recover my out of pocket w/ a lousy carolla.
 
#21 ·
Sounds like you have a lizzard for your insurance ... or a poor agent. You can try asking for a case review, might help.

Just remember, insurance companies have pockets much deeper then your's. If you can prove this is their SOP towards their customers, a class action suit may get their attention.

Good luck.
 
#24 · (Edited)
Sounds like you have a lizzard for your insurance ...

Good luck.
Right on the money!

Alright I am in the insurance industry so let me offer a little insight.

You are collecting under your own policy and thus are subject to the limits of your policy. in your case you opted for $30 a day rental coverage and thus you can be reimbursed up to that limit regardless of style vehicle. If that does not afford the BMW rental i'm sorry. look up some rates for those classes of car and ask your agent how much it will cost to get those limits and then make your own choices for the future.

Your other option is to go back to the other party and explain whats going on, tell them you want to get a comparable vehicle to the one you are driving and ask them if they will cover it (specifically say your looking to rent say a bmw not go by class). if they approve it then your golden and just wait for the reimbursement.

As for grounds of going to court over this and doing more then wasting more time and money? I would probably buy some scratch offs first.

In summery, always read your insurance contract and when in doubt, ask your agent.
Thank you! I have cleared it up, so basically I went back to my insurance, and asked them what would they think a comparable rental would be for my car - luxury class was suggested, and I went with it - the Enterprise office I contacted had a few BMW's in the class available, and I got an X5 at the luxury insurance rate of $65 a day ($30 is covered by my insurance, $35 is out my own pocket).
My insurance extended their "gratitude" by providing a courtesy to try to get me reimbursed for out of pocket expenses on the rental when they go into litigation with the other insurance company - it is a non-fault to me accident.

I agree 100%. Sure the rental isn't a BMW but it is reliable transportation. Worrying about stuff like this is hard on ones psyche and not worth it.
Sorry to sound too rude but you can go piss in the corner - I pay a premium on my own choosing for the car in this particular class, it wasn't my idea to get into an accident and create this headache for myself, I don't know why you think I should settle for less.
 
#22 ·
Alright I am in the insurance industry so let me offer a little insight.

You are collecting under your own policy and thus are subject to the limits of your policy. in your case you opted for $30 a day rental coverage and thus you can be reimbursed up to that limit regardless of style vehicle. If that does not afford the BMW rental i'm sorry. look up some rates for those classes of car and ask your agent how much it will cost to get those limits and then make your own choices for the future.

Your other option is to go back to the other party and explain whats going on, tell them you want to get a comparable vehicle to the one you are driving and ask them if they will cover it (specifically say your looking to rent say a bmw not go by class). if they approve it then your golden and just wait for the reimbursement.

As for grounds of going to court over this and doing more then wasting more time and money? I would probably buy some scratch offs first.

In summery, always read your insurance contract and when in doubt, ask your agent.
 
#25 ·
lqaddict, just curious. Why did you choose to file this claim with your insurance company rather than the insurance of the at fault driver? When I had a car totaled by an at fault driver I filed the claim with his insurance company and they handled everything in a timely manner. I did have to wait at all to get a rental car. They did try to low ball how much they would pay for my car, but when I produced evidence of three or four cars like mine and the retail prices they were currently being offered at they acquiesced without any hassle and paid me the fair market value for my car.
 
#27 · (Edited)
Previously I had a pleasure dealing with the other insurance company when I was helping out my dad when he was rear-ended last year. It was the most time wasting experience I've had. I tried to avoid that by having my insurance take care of things.
I am responsible for my deductible for the time being, but my insurance company will try to recover it from the at-fault insurance company when all is set and done.
My Liability adjuster has confirmed that I will continue receiving the same coverage for the same premium, and keeping my 5-year good driver discount, and accident forgiveness benefit on my policy as it was the case before the accident.
It just sucks that if I decide to switch insurance companies the claim will be reflected on the new quote decision irregardless of fault.
 
#26 ·
Sorry OP but this is one reason BMWs owners get a bad rap. So for everyone that paid cash for their car you think they can sue someone for some fraction of that amount?

Sounds like you are not paying for repairs and providing a loaner.

You are going to file a lawsuit for fraction of a single lease payment? Insane.
 
#28 · (Edited)
Read the entire thread. But yeah going to your question about paying cash and what not (does not apply to me), wouldn't it be nice to recover the diminished value for your car after it's been involved in an accident that's not your fault? Most insurance companies don't want to hear about your bickering that your car lost its value dramatically after an accident.
So I guess that makes a d!ck, so be it.

Anyway, thanks to Orient and Zeaken I have a better understanding how to deal with this.
 
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