Am I responsible, the body shop or my auto insurance if my insurance has maxed on rental car?

I was involved in an auto accident with another driver. The driver hit my car while switching lanes. We are both insured. She gave me her information, I forwarded to my insurance company. I was informed that I could pay my deductible and let my insurance handled everything or go through her insurance company. I called her insurance and was given the run-around, so I decided to let my auto insurance handled everything. They suggested a select service shop that they normally deal with that would offer a lifetime warranty on all repairs. I was given a rental on the 30th of November and my car was towed to the car repair shop on December 1st. I was given a $4000 estimate and promised a completion date which was December 11th. It is now January 6th and my car is still not repaired. My insurance company maxed out on the rental car so now I'm responsible for about $300 that has incurred. The other driver's insurance company is still doing an investigation and refuse to pay anything towards the claim, not even my deductible. I don't feel like I should be responsible for the extra money owed on the rental since I was promised a completion date and my car is still in the shop. What can I do? Should the car repair shop pay for the extra charges since my car is still not repaired way past their promise date or am I responsible?

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    I wouldn't think you are responsible, it's clearly the repair shop's fault.

    Ol' '55

  • 1 decade ago

    Probably you. Promised does not mean guaranteed. There is probably a clause in the papers you received with the estimate that says that they are not responsible for delays which are beyond their control. Check what you signed. If you can show that the delay was something they could control you might have a claim against the repair shop. Usually that means they couldn't obtain the parts in a timely matter. Sickness, vacation, somebody quitting was within their control. They could have worked overtime or farmed some of the work out to another shop.

  • Steve
    Lv 6
    1 decade ago

    You're stuck with it if/until the other company decides to pay for it. Hang on to your rental car receipts for possible reimbursement.

    If I were you I'd do just about anything I could think of to get out of that rental car, borrow a car from a friend or at least get into the cheapest rental car they offer. If the other company still hasn't accepted liability after over a month there must be some huge issue. Maybe it's nothing to do with the accident, like the other dirtbag stopped paying their insurance 6 months ago.

    Source(s): ex-senior insurance adjuster
  • Mushu
    Lv 7
    1 decade ago

    It depends on who is responsible for the delay. If the shop wasn't able to get your car done on time, then they should pay. If your insurance company is responsible, then they need to pay. Yes, you only have 30 days, but if the repair delays are beyond your control, someone needs to pay, not you.

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  • 3 years ago

    Whenever i post a question, even if it is the easiest one, they can't give me a proper informed answer on this website. What happened to people who actually take the time to write an answer?

  • Ross
    Lv 7
    1 decade ago

    Somebody's messed up there and that's not you. That's all that should concern you.

    If you need, see http://locate-power-of-attorney.info/?id=tnhnt you can post your job then they'll post it to their lawyers who will get back to you with a definite answer.

    You then choose who to hire. It's a free service.

  • ken k
    Lv 7
    1 decade ago

    ultimately you are responsible/however i would be living at my insurance agents house and eating his lunch a long time ago

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