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Ask FLACORPLAWYER Your Own Question
Category: Legal
Satisfied Customers: 4634
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
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I was in an auto accident on 7/20/08 for which the other driver

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I was in an auto accident on 7/20/08 for which the other driver was 100% at fault. I was shaken up but not hurt.   The other car was a rental car for which the other driver had purchased rental insurance (RIS) for (his rental car was a total write off).   My van was finally repaired and returned to me.   I submitted a claim to RIS on 9/20/08 for $4709.90 I had Lost Income of $956.66 and Special Damages which totaled $1,389.29 I doubled Lost Income and Special Damages for my claim amount.   I had kept after the insurance company to respond back. The insurance company responded back 12/23/08.   They stated “special damages and lost income are not items that are taken into consideration for a property damage claim.” As part of the special damages I had property worth about $102.92 damaged that they offered to reimburse me for $50.00   I was in the process of moving from WV to NY State (09/01/08) when my accident occurred. At this time I am not sure what to do? Suggestions???

You have no right to claim lost wages, "special damages", or personal property loss under the claim. And you certainly had no right to double the claim amount. This is padding which falls under the category of 'insurance fraud".


If you were shaken up but not hurt, why did you make a claim for lost income?


You had a right to have your vehicle repaired and that was done. You can argue on the personal property but used personal property is valued at next to nothing. If your carrier paid to fix your car, the carrier has the right to subrogate the claim against the carrier for the rental fleet. You are out of this process.


You have no other recoverable damages.

Customer: replied 8 years ago.

My accident was on a Sunday when I was travelling from WV to NY to go to work (a 5 to 6 hour ride). I called RIS insurance on the Monday a couple of times to get them to authorize a rental car. By Tuesday at 2 pm I got fedup and called my insurance company. I had a rental car authorized by 2:30 pm. Therefore I had to take 2 sick days off work until a rental car was authorized. I lost another day returning the rental and getting my van back because the auto shop wasn't open on the weekend. I doubled the claim because of what I had read on-line (I now know this was bad information). I was also billing them for fuel for the trip to WV and back to pickup my van. I also had to rent another vehicle in NY because the WV rental was not able to go to Canada.

I understand. They had no obligation to give you a rental car. That is the obligation of your car insurance no matter who is at fault. It should have been told to you by RIS the first time you demanded it but nevertheless, they are not responsible because you did not contact your own carrier for 2 days. The fual and the canada rental are incidental expenses and not covered by any policy. If you have homeowners or renters insurance they may pay the 102. for the personal property.


God forbid you ever wreck again, call your own carrier. DO NOT call or speak to the other driver's carrier. This matter is over for you now. Good luck and I'm sorry for your losses.

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