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What legal options do I have? Is there anywhere I can complain, and how much power they have to help?

Newark, NJ |

I had a car accident over two months ago in NJ, and I was 100% NOT in fault (I am not a NJ resident although I have NJ plates for my car that I leave at my property in NJ). The other driver in fault is a NJ resident. I only have liability coverage.
The other driver’s insurance company is refusing to pay for the car rental that they reserved for me. The rental company told me that the driver of a rental car is responsible for the rental cost if the insurance company who made the reservation decides not to pay.
Not only the insurance company didn’t pay for the whole repair, now they stuck me with a $500 rental bill, putting me in more trouble. What legal options do I have? Is there anywhere I can complain, and how much power they have to help?

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Attorney answers 6

Posted

The part of your post concerning a rental vehicle is unclear. It sounds like you accepted partial payment and therefore may be stuck with the results. If not you can sue the other driver to get what you are entitled to.

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Asker

Posted

the rental company states that because I am the driver in their car, although the insurance company reserved the car for me, if they decide not to pay, then I am the one responsible to pay them.

Posted

Small claims court is typically a good option.

Asker

Posted

can I take the insurance company to court?

Jonathan Seth Corchnoy

Jonathan Seth Corchnoy

Posted

Sue the driver.

Posted

you should send this to your insurance company and let them sort it out first.

Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.

Posted

you have a number of issues in this post which are unclear, and which would warrant hiring a NJ attorney to handle for you. Even if it cost you a few dollars, letting an attorney handle this would eliminate all of the stress that you have been going through. What seems stressful and imposing to you, is extremely basic and easy for an experienced car accident attorney to handle, and most likely would have it resolved already, and probably would have saved you money, even after figuring in any attorney fees.

Insurance companies are not your friend, and when you are nor represented, they often take advantage. Hiring an attorney puts that advantage back to you, or at a minimum, levels the playing field.

Each case is fact sensitive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.

Posted

I'm concerned with the "I have NJ plates" statement. Your car is registered in only one state. If it is NJ, you must have NJ insurance coverage.
When you sign for the rental car typically like a doctor's office when insurance doesn't pay, you state that you will be responsible. When the car was called no determination of how much you were covered for or liability would be made so they could not know if the rental would be paid.

This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.

Posted

if you signed the rental contract, you are probably liable for the bill. Then you sue the ins co and/or the driver.

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