Allstate Ins client struck my vehicle and want me to pay for rental.

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Allstate Ins client struck my vehicle and want me to pay for rental.

Allstate’s client struck my vehicle from behind and on side pushing my truck while legally parked in lined parking space. The driver refused to provide info after I caught up with him. After calling Allstate they said I would have to pay a deposit for a car rental they won’t pay and they’ll only pay for rental when the parts come in only. This means I’ll be without a vehicle for a week or more while auto shop has my vehicle, I have to pay for rental up to day parts come in, I have to pay for insurance, etc. They won’t pay. Are they allowed to do this? Is this a way for them to get out of paying for rental? Why don’t they have their own rentals and self-insurance

Asked on June 15, 2019 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, they can do this. The other driver's insurer is the other driver's insurer, not yours: that insurer does not owe you any duty or obligation. Their only duty to is to their insured: to defend him in court, and pay any amounts a court, after trial, order them to pay. They will often, to avoid litigation, offer you money, etc. to settle a case without you first suing, but it is voluntary for them to offer you compensation without you suing and winning. Since it is voluntary for them to offer you anything, including rental coverage, without you suing their driver and winning, they can decide what they will choose to offer you--and you cannot make them offer more than they want to.


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