Expert: Richard Hixenbaugh - 8/20/2010

Question
My car was hit by a guy who is fully responsible based on police report. My car is inoperable and needs to be fixed. The guy's insurance company is very slow and it takes one week for the insurance company to send out an adjuster. The insurance company gives me an offer of $2500 to fix the car but the cheapest repair shop charges at least $3600 to fix it. The insurance company also refuses to pay for the towing and storage fees which are around $400. The insurance offers me $21 per day to find a rental car but the cheapest rental car in Chicago costs at least $35 per day.

What should I do? Should I sue the insurance company or the driver for the loss which are not paid by the insurance company?

Answer
Hi Li,

You need to get tough with this insurance company. You need to select a body shop you want to do the repairs. Take your car to the shop for the repairs and give them a copy of the insurance estimate. The shop should then call the insurance company for a supplement request. The insurance company will send an adjuster to the shop to negotiate the balance of any money needed to properly repair your car.

As for the rental car, you should tell the adjuster that they owe you for what ever the rental car costs for a car that is comparable to the one you own. If they refuse then, then after your car is repaired and the rental car is paid for by you, you would file suit in small claims court against the at fault driver for the balance of any money owed.

I hope this helps
Richard Hixenbaugh