Q: I WAS IN A CAR ACCIDENT JULY 17, 2022 IS THERE ANYTING I CAN DO? THE ACCIDENT WAS NOT MY FAULT.
I WAS IN A CAR ACCIDENT JULY 17, 2022, I WAS NOT INJURED PHYSICALLY, BUT I HAVE GONE THROUGH NOTHING BUT MENTAL FRUSTRATION SINCE. I HAVE STATE FARM INSURANCE WHICH COVERED MY CAR RENTAL OF $1000, THEN ALLSTATE'S CLIENT THAT CAUSED THE ACCIDENT HAS TO PAY UNTIL MY CAR IS REPAIRED. THE PROBLEM IS ALLSTATE WILL NOT RESPOND TO MY PHONE CALLS AND EXSPECT ME TO PAY THE RENTAL FEE AND THEN THEY WILL REIMBURSE ME, I DON'T HAVE THAT KID OF MONEY TO BE PAYING AND WAITING TO GET REIMBURSED. THEN ENTERPRISE CAR RENTAL IS THREATING IF I DON'T COME IN AND PAY THEY WILL START THE PROCESS THAT I HAVE TAKEN THEIR CAR.
A:
Your inquiry is vague regarding "Allstate's client" being responsible to pay. I assume you mean Allstate's insured (the at-fault driver), but he/she would not be personally responsible to pay unless his/her policy limits are reached. Allstate itself is responsible to pay up to the dollar amount of their insured's policy limits. I suggest you schedule a consultation with an attorney in your area who handles insurance claims. If the policy limits are not yet reached, maybe a lawyer's letter can get Allstate to jump.
If the policy limits are exceeded, your only recourse is to go after the other driver, and if you end up having no choice but to file claim in small claims court (claims up to $8,000), the case could easily take a few months to resolve (and if higher than small claims, could take over a year). You'd be able to sue for loss-of-use damages, but you'd have no $$ coming in while the case is pending. Whatever you do, do not let yourself get in trouble with the rental car agency.
Tim Akpinar agrees with this answer
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