Q: Should I sue or threaten to sue a company that is dragging their feet in an accident related insurance claim?
To summarize - I am a CA resident. On a trip to Wisconsin, my rental car was hit (while parked and unoccupied) by a driver for Loomis Armored. The company admitted fault and said they would reimburse the rental car company. I do not have collision insurance or insurance with the rental car company. They charged my credit card for the damages and sent a request for the damages to Loomis Armored, who are self-insured. My insurance company was also notified and has been in contact with both parties. The accident occurred on October 4th. It is now Dec 1, and Loomis has not yet paid the rental car company. What can I do to get them to stop dragging their feet? Should I sue or threaten to sue Loomis?
A:
Your credit card company may offer free rental car insurance as part of your cardholder benefits. Find out and make a claim if possible.
Why would Loomis pay the rental car company? The rental car company was already paid by you. If Loomis owes anyone, it's you.
You have a claim against Loomis, in Wisconsin. Depending on the the amount you are looking to recover, Small Claims may be the best forum. No attorneys, and quicker.
A:
There are inconsistencies in your statement. It appears that the credit card company charged you for the damages. That's all they get. Your insurance company is not going to do much because they don't have to pay anything out - you weren't driving your car.
Rather than file a Small Claims action you may have quicker response if you retain an experienced attorney that can get this settled for you. If there is a lot of push back from Loomis then it is time to file your own Small Claims action so you don't get in too deep with attorneys' fees.
A:
more info would help.
if Loomis works in California it might be possible to file and serve out here.
small claims would make the most sense and a lawyer would be too costly and would only handle on an hourly.
the amount of damage would be helpful to answer this query.
i would also look to the licensing entity for Loomis and report to them. That will get their attention.
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