If a car rental company denies you a medical claim because they fault you for not filing the claim before the deadline but you did file in time, is there any way you can fight?

Asked on January 19, 2018 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you would fight by filing a "breach of contract" claim against them, for not paying a claim that under the terms of the rental agreement and/or any insurance you purchased (since insurance is a contract) they should have paid. If you can prove in court that you complied with all requirements (e.g. timely notice) and that under the terms of the agreement, they must pay you, you can get a court order or judgment requiring them to pay.

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