Rental Reimbursement from issured?

[dragaeran]

Hope someone with experience/knowledge can add their 2cents...
I got hit on the passenger side of the Tundra and have gotten a $3200 check from the drivers insurance company for the damages. It's written to me and the body shop, so no chance of skipping the repairs, so I have to get a rental truck while it takes 10-15 days to fix. The guys insurance says that the driver will reimburse for the rental, not them. Unfortuantely, he doesn't seem to want to call me back.
Now, since we kept the 97 4Runner, we do not have rental on our policy now, so I can't get it back from my insurance and let them go after the guy. Since I have to have my truck, or at least something like it, I can't get the repairs done until this is sorted out.
The question, Does anyone have specific, knowledgable information for how I can proceed from here? Is this issued with his insurance refusing to cover rental real? Can they do that even if he has no rental coverage? I thought it was all just part of the overall damage cost of the accident?
Since I don't like having to call my lawyer over every little thing, can someone point me in the right direction?

(He was in Atlanta at a convention, he lives in S.C.)

[DrBundy]

Call your state Insurance Commissioner's office. Perhaps someone there can point you in the right direction. Since every state's laws are different (none more so than Louisiana) I wouldn't dare tell you how I would handle it here.

Best of luck!

~A

[MOTAMHAN]

I am an insurance agent. /ducks to avoid people throwing rocks/

I have never heard of an insurance company not paying your rental if they have accepted liability. Now I have heard of the insurance company to say they do not do direct billing to the rental car company, therefore you pay the rental and they reimburse you. but even that is somewhat rare. Any reputable insurance company that has accepted liability should pay the rental as well. That is what the other party's liability/property damage is for. I could see if he exhausted all his coverage and there was nothing left to pay towards rental. But you said $3200 in repairs, so I'm positive you are not nearly close to his limit.

If they agreed to pay the damages, they should accept to pay the rental as well. Now sometimes where there is a problem is when a person wants/needs a pickup and there is no pickup truck available. Or someone has a Mustang Convertible GT, and they end up getting put into a Ford Focus and some crap. That can be dealt with though. However, bottom line is if they pay for damages they should pay for rental. I'd call a supervisor of that insurance company and talk to him/her.

I've never heard of such nonsense. You need to tell everyone here who the insurance company is as well so they can be aware of dealing with them.

[dragaeran]

Thanks for the immediate feedback. As it is now, the driver called me back after several messages and he plans on going down to see his agent. Aparently, the agent seems like an idiot and this guy has no idea about him paying for the rental. He thought the insurance had handled everything. We will see. If they pony up, I will give them a pass....if not, I will throw them to the forum wolves....as it were!

[los211]

stick them with the costs. Thats why we have ins. My car was hit by a guys girlfriend from accross the street and his ins. paid for everything. The only money out of my pocket was the $18 in gas that I put in the car when I returned it. Since he is at fault there should be no liability on your part. Then again I don't know what your local laws cover pertaining this so I may be talking out my A**. Good luck.

[chriswebster619]

MOTAMHAN is 100% correct!
You have to be super nice to the adjusters then when you need to be you have to be firm with them and tell them how it is.