Youngstown, OH asked in Insurance Bad Faith, Insurance Defense and Products Liability for Ohio

Q: Do insurance companies have to pay for a rental vehicle or compensation if they fail to respond to a claim for 4 months?

I was in an auto accident 4 months ago.. The other man was at fault, but did not file a claim (I was just informed of this) for 4 months I have not had a reliable vehicle, nor have repairs been made by our insurance due to no collision policy. Our insurance did send the adverse carrier 4 demand letters with no response. Does the adverse carrier legally have to pay for a rental vehicle until damages are fixed? Can they be taken to court for compensation on each month a vehicle was not supplied? My car is sitting in a tow yard with flat tires and now a dead battery that I just bought 5 months ago. Tires were not flat at the time of the incident, only minor frontal damage. I have missed multiple days of work due to this inconvenience and have 3 small children to care for. I have been consistently calling both insurances with no luck on getting this figured out. At this point, I am very frustrated with both carriers and need a little guidance on what to do. Thank you in advance!

1 Lawyer Answer

A: Auto insurance is tricky. You don't have a claim against his insurance company. You have a claim against him. He has a claim against his insurance company if they refuse to pay you on his behalf. Your insurance company has no claim against anyone, because you did not have collision coverage.

It sounds like you may have to bring suit against the other driver. Once you do, his insurance company will likely assign an attorney who will attempt to resolve the issue with you.

Your total damages are likely going to be limited to whatever the cost to repair the car is or fair market value.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.