What to do if the at-fault insurance company has not paid for rental car reimbursement and it has been a month since it received documentation of rental fees?

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What to do if the at-fault insurance company has not paid for rental car reimbursement and it has been a month since it received documentation of rental fees?

The adjuster stated, “This claim has been flagged by our SIU department and they are currently investigating our insured. They will not release coverage until the investigation is complete.” They have already accepted responsibility prior to my vehicle being repaired. I went through my insurance for the repairs as the at fault insurer was not responding to my questions – my insurer contacted the at fault insurer and confirmed that they would handle repair payments by accepting responsibility. The at-fault adjuster told me to get “cheap” rental car and then submit documentation to get reimbursed.

Asked on February 17, 2015 under Accident Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There really is nothing you can do, unfortunately, vis-a-vis the insurance company. The at-fault driver's insurer is not your insurer: they do not owe a legal duty directly to you (i.e. there is no contract between you and them), which means, for example, that you can't sue them for breach of contract for refusing to pay. You don't have any cause of action directly against the at-fault insurer; all you can do is to sue the at-fault person him/herself for any amounts or costs attributable to the accident, for which you have not been paid by insurance.


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