I was rear-ended in FLORIDA and was using a rental car. The at-fault's insurance company paid for most of the damages EXCEPT: admin fee, and diminution of value. My insurance company is unwilling to pay for it as well. The rental company is now coming to be for the unpaid balance as I signed an agreement stating that 'I am liable for ALL losses, irrespective of fault.'
What do I do?? Do I inform them to sue me, therefore, I can sue the at-fault party? Can they send to collections before suing me?
I am sorry to hear you are in this situation. However, your insurance company would normally not cover diminished value claims ("DV") as per your policy, and you would have to present such a claim to the at-fault driver and his/her insurance. The reality is that it is unlikely that the rental company will sue you for the DV (depending on the value of the claim) since you do not have insurance to cover that. Thus, you should give them the at-fault driver's insurance information and tell them that they have a better change of recovering something from them, more so than from you. If you are ultimately sued, then you need to contact a lawyer. I wish you luck.
My opinion and position stated above is not determinative of your rights, and you are free to seek other legal opinions. Should you decide to retain a lawyer, you should do so immediately as a statute of limitations may preclude you from bringing a claim in the future.
You're stuck. I used to be an adjuster and insurance companies hate to pay rental companies for "fees, downtime, etc". So neither insurer stepped up? Your's should defend you if the rental company really does sue you. Does that make you happy? Probably not, but read over you policy and read over that rental contract. Good luck.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
If you have collision coverage in your car liability policy, I would think that your insurance carrier would need to satisfy all of the property damage claim regarding your temporary replacement or rental vehicle. The adverse driver's carrier should also pay for the diminuation claim.
You apparently agreed to indemnify the rental company. That is a contractual agreement and, according to the wording you agreed to, does not require them to prove you were at fault. Your collision coverage should cover this type of situation, since collision coverage does not require you to be without fault. If you have collision coverage, write your insurance carrier, keeping a copy of the letter for your records, and demand that they take care of this claim for you. If they balk, call a local attorney familiar with insurance issues or file a complaint with your state's Insurance Commissioner's office.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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