KingsFanPaul1

If this doesent belong in car talk sorry you can move it.

In November I got rearended in my 3.0cl, was in no way my fault. I turned my car in on November 19th and the other drivers insurance said they would pay me "loss of use" which is $25 a day for everyday I dont have my car. I got that because I am not 21 and cant get a car rental. Well the insurance agent said he would pay me that. he said nothing like there was no exceptions or anything like only so many days pay. Well I got my car back on January 11th 53 days later which turns out to be $1,325 and I called the guy today to tell him that I got my car back and he said he isnt going to pay me that. I was PISSED! He said he cant pay me for 53 days. Said he can only pay me a reasonable amount of days like 20 (thats sh!t). I told him he owes me 53 days he said sorry I wont pay that. Told him I will be talking to a lawyer he said ok bye and hung up.

Does anyone know if iyt is a law that they have to pay loss of use? He made a verbal agreement with me that he would pay me $25 a day, he didnt say anything like only a reasonable amount of days. I am so pissed. anyone think I have a got court case against this guy/insurance company? I think thatrs what I am going to have to do to get the money they owe me.

Ther person who hit me has an allowance for up to 10k and it costs 8k to fix the car so they still have enough to pay me.

craigyg69

Yeah there is always a limit on something like that, but it's usually something like 30 days. I'd just try to bargin with him and try to get at least that, and save yourself the trouble of the lawyer. (who willl take most of it if you win anyway!)

KingsFanPaul1

but shouldnt he have told me there was a limit? he said I should have just had a parent rent a car under there name and have me drive it. which isnt legal. Plus a car rental would cost way more than $1,325 for 53 days. I am just really pissed because he told me I would get $25 a day and I was expecting the $1,325 I already have made plans to use it.

kensteele

C'mon dude. You gotta have more than "...that's what he told me." Don't even try to go with that verbal agreement stuff; it's a waste of [your] time. Were you hookwinked?

At 20 years old (or less), why are you wheeling and dealing with the other guy's insurance company anyway? Where's your insurance company (who's supposed to be helping you out) in all of this?

That's why there are laws about 18/21 year olds entering into contracts. Not because the young people are incapable, but the older people have no respect for them (always looking to take advantage).

And what does I already have that money spent mean?

Sorry, just my opinion.

BarryH

Sorry about your problem. While a "verbal agreement" is quasi-binding in some states you'll have to hire an attorney to fight the insurance company. If you win, the insurance company will pay your legal fees and you'll be fine. If you lose, not only will you not get what you're owed, you'll be out the legal fees. Unless you have access to a free attorney I'd just move on.

mrdeeno

i think verbal agreements are binding in all states up to limitations (i forgot what the max $ figure was).

but the catch is you have to prove that there was a verbal agreement. it's actually not that difficult to prove that there was some kind of agreement considering he said he'd pay for 20 days, but it's the proving that he didn't set any limitations that's difficult.

KingsFanPaul1

Thanks for the response guys. Im Learning the hard way of how insurance agents are asses(most of them) and how I should have taken care of things. Like I should have got in writing that he would pay me $25 a day with no limitations.


Well its not spent, I just had plans to use it once I got it, and I do appreciate your opinion ken, thanks.

I think tommorow I am going to call and talk to hsi supervisor and see what I can get from that. I might even try to talk to a different agent there and ask if there is a limitation on the loss of use so I know if this guy just doesent want to pay me or really cant.

As for my insurance not helping, you get what you pay for. My insurnace went out of business December 31st. Got new insurance but I dont think they can help me. But I am going to call them tommorow to find out.

I believe I have an aunt in San Francisco that is a lawyer and I will tyr to talk to her.

thanks again guys.