Expert: Richard Hixenbaugh - 10/20/2009

Question
Hello,
Back in Oct 08, I was at a red light and was rear ended by a taxi.  Police report was done and his insurance, American Transit, was taking too long in getting my car fixed.  So I went ahead and used my insurance, Geico, to have my car repaired and they did it fast.  My insurance doesn't cover rental and I needed a rental car to go to work.  It has been a year and American Transit has ignored numerous phone calls and messages from me.  I filed a complaint with the NY state insurance and American Transit responded to them saying they are not obligated for reimbursement and since i live in Manhattan that I have sufficient means of transportation.  

My questions are:
1 - are they responsible for the rental since it was their car that rear ended me at a red light?
2 - who do I sue for the rental reimbursement?

Thank you.

Answer
Hi Roland,

Yes. they absolutely owe you for the rental car.

First, if you have not already done so, you need to send them a demand for payment letter by certified mail/return receipt requested. In your letter you should state that due to their drivers negligence and the damage to your car, you needed to rent a car. You should state the amount you paid and enclose a copy of the paid bill. You should use the phrase that you demand reimbursement of this amount within 10 days or you will have no choice but to seek your remedies under the law.

Then if they do not pay or respond to you within the 10 days, you would file suit in small claims court. You may want to speak to an attorney to learn which court you should file in. Also you will likely need to file the suit against the driver of the taxi as well as the taxi company itself.

I hope this helps
Richard Hixenbaugh