What can I do to get the compensation for an accident and rental that I am due?

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What can I do to get the compensation for an accident and rental that I am due?

I ran over something in the road on November 17th which caused damage to tire and and parts underneath the wheel well. The insurance companies have been terrible and I need answers please. I have a clause on my insurance policy stating that I am covered with driving for Uber and Lyft. I was not driving for Lyft or Uber at the time. However, my insurance company said that I was cover either way. They said they would handle it and not to bother with the other agency. I have been out of income for the last few months. My house is about ready to go into foreclosure and all my bills are unpaid. This has been very devastating. When talking to the agent, he said that I was covered with a rental until mine was fixed. Unbeknownst to me, this past week the rental car company called me and said that I owe them $600. I have since gone to the agent’s supervisor and he told me in writing that they are working on it. He has told me this twice. Now, I looked into my checking account and he car rental agency has been taking money out of my checking account. I never authorized any transactions. This was done solely through the insurer. They had my credit card on file. A debit card. I can’t afford all these transactions. I barely have enough for the deductible. Now, my checking account is down to 0. I have no money for the deductible and no way to earn money. What should I do? I have contacted the agent from the insurance company. He refutes that he said I could have it until my car was finished. The insurance company has been dragging their feet, not giving the body shop to work on it. It has caused delays and a complete financial disaster. What can I do about this rental car and all the expenditures?

Asked on January 3, 2019 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you believe that you were covered under your policy but the insurer is not doing or paying what they are supposed to, you can sue the insurer for "breach of contract," or violating their contractual (an insurance policy is a contract) obligations. If the agent is independent but you believe he or she lied to you, you could sue the agent for fraud. A lawsuit is the only way to enforce your rights under the policy or get compensation.


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