You are here:

Auto Insurance Claims/Refusal to pay for rental car


One month ago my car was backed into while sitting stationary waiting to get into my apt complex. The driver was apparently insured under his mother's insurance, Allstate. He was however driving his grandparents' car at the time which was insured under Farm Bureau. A claim was filed with Farm Bureau. My car was taken to the shop and deemed not driveable after inspecting damages.

I was not issued a rental car as the Farm Bureau agent said they could not claim responsibility until they had proper documentation from Allstate. I called back periodically to only receive the same response. Finally I took it upon myself to call Allstate. A claim had not yet been filed. I therefore filed a claim so they could obtain an estimate and contact Farm Bureau. In the meantime while the two companies were disputing who would cover my repair, I obtained a rental car. One month later Allstate is agreeing to process my claim. Due to the excessive wait time, I decided to file a claim through my insurance company. I do not have car rental coverage under my policy so that was placed on my card. I was informed by the Allstate agent that because "I" waited so long to have my repair done and did not process the claim through my insurance immediately after obtaining an estimate, I would not be reimbursed for the full rental cost which is currently $900. This is not fair in the least. What can I do to fight this???

 Hello Jon,

The answer is basic - they owe you for your loss!

Simply because the 2 insurance companies could not get their act together does not mean that you should have to pay for incompetence.  You need to insist on payment for your rental.  If the adjuster will not cooperate, take the issue to the claims manager.  To find that person, call the central number with your claim number and ask for the name and contact information for the manager.  I would suggest that while you can call and speak to the manager directly, it is still a very good idea to document the events in written correspondence.

The point is, you ended up in this predicament because of the negligence of their driver.  Accordingly, they owe you for the loss.  Yes, a month is along time to pay for rental, but the delay is not your fault.  That needs to be emphasized.  They cannot now refuse to pay what they owe simply because they dropped the ball.  Assuming you are claiming only for the time lost in their delay, they owe the full amount.

If it were me I would not agree to a compromise.  I would not agree to pay a part of their share.  

These types of practices are inherently unfair and should not be tolerated.  Before you even begin to negotiate you might consider contacting your state Dept of Insurance to determine what type of complaint process exists.  Knowing exactly how that works, you can inform the adjuster and the manager if necessary that you are fully prepared to complain to the state concerning these unfair practices.  And while the DOI cannot intervene directly in individual claims, most insurance companies do not want the state involved, especially if it deals with a pattern of behavior such as this.

Be police yet aggressive and you should be able to get what is due you. And by the way, I always advocate rental coverage.  It is very inexpensive and well worth the few extra dollars.

Good luck.

Jane Pytel

Auto Insurance Claims

All Answers

Answers by Expert:

Ask Experts


Jane Pytel


I can answer questions related to auto accidents, auto damage, auto theft claims, or personal injury claims. I am specifically suited to answer questions concerning insurance investigations and the effects of those investigations such as claim delays, claim denials, examinations under oath, or the special investigations unit. I can answer most any question that relates to proper claims investigations, or claims handling procedures and processes. I have authored several ebooks which provide claim guidance for consumers. Those books are available on Amazon Kindle: Power To Profit - will provide you with the knowledge you need to overcome the patterned obstacles that insurance companies will use to delay, devalue, or deny your valid insurance claim. The No Nonsense Guide to Accident Settlement - Teaches you how to manage your claim, how to identify the precise tactics likely to be used against you, and how you must respond.


12 years of experience with 3 major insurance companies. I hold an all lines adjusters license in Florida. I am well versed in claims handling, claims investigations, and industry standards related to both. The bulk of my experience stems from my 10 years as a police officer / detective. Building on that investigative experience, I became an SIU (Special Investigations Unit) Investigator. Accordingly, my unique expertise lies in the investigation of claims. What is necessary and related, what is not necessary and related? What constitutes a fair claims investigation? What recourse is available for consumers who suspect they are experiencing unfair claims delays? During the course of my experience, I became a certified trainer, instructing adjusters and investigators proper techniques for claims investigation and claims handling.

B.A., Communications, University of Miami 350 credit hours of intense investigative training, Miami Dade Police 80 hours of investigative training, various Federal Agencies, Miami, Fl Intensive Accident Reconstruction and Pedestrian Injury Analysis, NHTSA, National Highway Traffic Safety Agency, Oklahoma City, OK 2 weeks Auto Damage Appraisal, Winston Salem, NC Legal Principles Claim Specialist, AEI

©2016 All rights reserved.