Car insurance neglecting responsibilities?

I will try to be as detailed as possible without making this seem overly complicated.

My wife recently was rear ended as she was stopped at a red light. The other driver was found at fault and we are having some difficulty with their insurance company. The damage on our car was enough to total it.

here is a list of things we have done and the insurance companies actions.

1 - we took the car to a repair shop where they would hold on to it made estimates etc.

2 - other party's insurance company would pay 200 for pain and suffering on whiplash (terribly low), 4,100 for the car (KBB value for retail which is a good thing)

3 - we needed a rental as we both have jobs and an infant to take care of.

4 - we have not received any payment from the company and we are receiving paperwork to transfer possession of the vehicle and title.

5 - the insurance company is having us return the rental before we even received paperwork for transferring ownership of the totaled vehicle, payment for the totaled vehicle, thus making us out a car and the money stated that are owed. In this instance, we were also told that we owe $200 for the rental fees. we have had the rental for one week (insurance not covering rental costs?)

6 - we are losing time at work for the return of the rental.

7 - we are close to not having enough cash for our rent and about to terminate our lease early due to lost wages and unexpected payments.

8 - my wife is still experiencing pain from the injury caused from the accident and no word on repayment, coverage, or pain and suffering compensation from the insurance.



Other facts, We have not signed ANY paperwork due to the fact that all the paperwork given to us have been agreement for $200 in pain and suffering, and paperwork for transference of the vehicles title.



What can we do to expedite the insurances payment of the vehicle? Having a replacement is crucial for us in keeping our apartment. Isn't it the insurances responsibility for payment of a rental in this case? Also is it correct that the rental is returned before compensation of the totaled vehicle is given? let alone the car title?



Any help is greatly appreciated as losing an apartment would be devastating to anyone. If this were to happen, could this be used against the insurance company for their neglect to replace our mode of transportation? Its been close to 3 weeks since the accident itself and we have received ZERO thus far.Car insurance neglecting responsibilities?
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Do not sign anything, until you have got satisfaction. You are the injured party.



Do not return the rental until you have a replacement for your vehicle. Have the rental car company submit their bills to the insurance company.



Send copies of your wife's emergency room, hospital, radiology, doctor, and prescription bills to the insurance company.



Stick to your guns, do not allow his insurance co. to intimidate you into agreeing with their offer. You are the victim here. You really should consider getting a lawyer. There are many which will take your case on contingency, which means they don't collect unless you do, and the more you sue for (in pain %26amp; suffering especially) the more the lawyer would be able to collect.Car insurance neglecting responsibilities?
Ok here are the facts and what they owe.



You were rear-ended, so you have no fault period.



They owe for the value of your car pre-accident; They have to have the paperwork from you and your lien-holder if there is a loan, since they are paying for your car and will take possession, but cannot issue a check till all paperwork is received and signed.



Rental; this is the tricky part. If your car is un-drivable, they owe for a replacement vehicle while your car is in the shop for repairs or if it is totaled, till they make an offer for the value of the auto. They state you owe $200 rental fees? What is that for? Is it for insurance for the rental? If so, THEY DO NOT OWE FOR INSURANCE ON A RENTAL, THAT IS YOUR COST. The insurance company owes for a rental, but in your case, they are stating that they want you to turn it in now vs when you get a check for the value of your car.



Most companies when they make an offer to settle, they will give you anywhere from 1 day to 3 days extra on the rental, then they will stop paying. The reason is that when they tell you that your car is totaled, they want the paperwork NOW and want you out there looking for another vehicle that you can buy with the money you will receive from the insurance company for your car. It is their way to give you an incentive to get moving and not stall. Rental costs can be very expensive and I have seen where the rental costs exceed the cost to repair a car.



As for the $200 pain/suffering, sounds like your wife complained of an injury but did not seek treatment. You might get more, but if they are offering $200, then most likely the most you will ever see if $500 max.



So get that paperwork together now, get out and look for another car, since what they are doing is standard in auto claims and they are in their legal rights to do so.



Also the lost wages will make no effect, unless your wife was treated and the doctor stated she was unable to work, so forget about that.



The insurance company owes for the value of your car plus rental period. The fact that this has inconvenienced you has no bearing, i am sorry to say, but it is a fact.



I suggest you hold off signing off on the injury claim till your auto claim has been settled. They can say the $200 is contingent of you signing the auto, but settle the auto 1st. Since once you sign both the auto and injury, you are done period. Then after the auto is settled, you might get a few dollars more on the injury, but maybe just a few dollars.



BTW, don't get a lawyer since they don't handle auto claims, only injuries. and do you want to kiss off 1/3 of $200 to a lawyer? plus if he delays the auto, you could be out of pocket more on rental etc, since they only pay what they owe; NO MORE/NO LESS.



good luck
Get a lawyer. Once the insurance company knows you have legal representation, they probably will start working a little harder.



Usually the insurance companies do wait until all of your bills have come in before paying the whole thing at once. Your attorney will have a better idea of this, though.