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Loren
Loren, Attorney
Category: Personal Injury Law
Satisfied Customers: 30839
Experience:  30 years experience in personal injury law.
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I was in a minor auto accident in which a piece of metal

Customer Question

I was in a minor auto accident in which a piece of metal came off a truck and scraped the entire left side of my car. The driver of the truck took responsibility for the accident. The insurance co. contacted me about the repair of my car. They told me they would repair my car, and put me in a rental car while mine was being repaired. when I called to confirm my rental, I was told that since I did not have full coverage insurance that I would have to pay for insurance on the rental. I called the insurance company about this and was told that they would not cover that cost. The accident was the fault of the insured not mine, yet I am supposed to pay for something that I was not at fault for. I feel that the insurance co. is discriminating against me for not having full coverage insurance. can they do that and is there any recourse for this?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Have you signed anything releasing your claim?

Customer: replied 1 year ago.
no
Expert:  Loren replied 1 year ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 1 year ago.
ok
Expert:  Loren replied 1 year ago.

If you did not sign a release and you believe you are entitled to more to cover your loss then you can always decline to sign the release and file suit in small claims court.

However, if you never had full coverage insurance it is not really a loss proximately caused by the plaintiff's negligence and would not, generally, be compensable as part of your claim.

Expert:  Loren replied 1 year ago.

You are absolutely entitled to all damages stemming from your loss, but you did not "lose" this coverage which the rental company is requiring for you to rent one of their cars.

Perhaps you could downgrade in the model you are renting to get them to cover the cost.

Otherwise, you could sue, but frankly, I do not see it as a winning aspect to the claim.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

Are you still online with me?

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

Please respond if you are still with me.

Expert:  Loren replied 1 year ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.

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