Expert: Bennie719 - 11/20/2007

Question
I rented a 2007 Nissan Pathfinder and on the second day of using it, a was in a small accident.  I was driving on the highway, in an exit lane at a speed of less than 15 mph as it was stop & go traffic and cars were moving very slow.  As I pressed the brakes, due to cars slowing in front of me, the brake pedal went all the way to the floor and failed to stop.  I hit the bus in front of me. The accident was minor - no damage to the bus - but my rented suv did have some damage to the front hood and grill. After speaking with the bus driver and seeing that no damage or injury was done to him, I drove back to the rental car place. As it was in a dangerous area, I could not stay on the road.  It was a short trip and I used the handbrake to slow when needed.  When I arrived at the rental car place I took a video (in the presence of one of the agents) showing the brake depressing to the floor.  I filled out a report that night and notified my insurance the next day.  The adjuster did not go see the rented suv until 3 weeks later and claimed there was nothing wrong with the brakes.  He is saying (my insurance company) that its my fault, that the brakes must have overheated due to stop & go traffic, and that I am responsible. In doing some research, this doesn't seem valid. I think there was air in the hydrolic system or a leak.  The car was not overheated as the traffic was minimal and not for a long period of time to cause operater error. Wouldn't this be the responsiblity of the manufacturer? How can it be operator error?

Thanks

Answer
The three week time delay by the adjustor before inspecting the vehicle is totaly inexcusable.
The rental company could have had the brakes repaired within a few hours.
The adjustor should have demanded to see all repair records of the rental company as well as their records showing when it was put back into rental service.
The only option that I see is for you to make an appointment with his supervisor and review the entire claim.
If the adjustor did not follow the proper procedure, the supervisor has the power to override his decision and change the code on the accident to non-fault.
If this fails, I suggest that you find a new insurance company that will respond in a more timely manner.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area