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    oneidageorge's Avatar
    oneidageorge Posts: 2, Reputation: 1
    New Member
     
    #1

    Jul 17, 2008, 12:45 PM
    Car accident
    I was T boned by a driver. He was at fault and has admitted to this. I have been in a lot of pain. The accident occurred on July 8, and his insurance company has been contacted. I am having trouble getting them to get me a rental car. I have already missed time from work due to my injuries and have been inconvenienced by having no car. She ( the claims adjuster) informed me that she would need a statement from my attorney before she could go out to view the damages. My whole driver side is in my passenger seat. I have sent her pictures as well as a copy of the police report. It contained the driver and my statements. It has been over a week now what can I do. My lawyer is for my injuries. I thought in Georgia there was a law that protected me from this type of crap?? :mad: :mad: :mad: :mad: :mad:
    southerngalps's Avatar
    southerngalps Posts: 1,334, Reputation: 112
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    #2

    Jul 17, 2008, 12:48 PM
    I have never heard of needing a statement from a lawyer before viewing damages. Have you at least talked to your lawyer about that part? Did he know anything? Is this person's insurance company a reputable one?
    oneidageorge's Avatar
    oneidageorge Posts: 2, Reputation: 1
    New Member
     
    #3

    Jul 17, 2008, 04:28 PM
    The insurance company is allstate
    bEaUtIfUlbRuNeTtE's Avatar
    bEaUtIfUlbRuNeTtE Posts: 1,051, Reputation: 112
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    #4

    Jul 17, 2008, 04:30 PM
    ... Are you in good hands?

    :)
    southerngalps's Avatar
    southerngalps Posts: 1,334, Reputation: 112
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    #5

    Jul 17, 2008, 04:31 PM
    Sounds like they are just stalling for some reason unknown. All I can suggest is keep nagging at them. Talk to a supervisor or boss to get this taken care of. You have suffered enough hardship. Definitely talk to your attorney about the delays. He might have some insight.
    southerngalps's Avatar
    southerngalps Posts: 1,334, Reputation: 112
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    #6

    Jul 17, 2008, 04:32 PM
    Quote Originally Posted by bEaUtIfUlbRuNeTtE
    ...Are you in good hands?

    :)
    Haha. Doesn't seem like it. It's a good thing they are not her insurance company.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #7

    Jul 18, 2008, 07:29 AM
    Who's idea was the rental car? I'm not aware that the other person's insurer has to provide you with a rental car when you are in an accident. You should have had this insurance option on your policy.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jul 18, 2008, 07:31 AM
    Quote Originally Posted by oneidageorge
    I was T boned by a driver. He was at fault and has admitted to this. I have been in a lot of pain. The accident occured on July 8, and his insurance company has been contacted. I am having trouble getting them to get me a rental car. I have already missed time from work due to my injuries and have been inconvenienced by having no car. She ( the claims adjuster) informed me that she would need a statement from my attorney before she could go out to view the damages. My whole driver side is in my passenger seat. I have sent her pictures as well as a copy of the police report. It contained the driver and my statements. It has been over a week now what can I do. My lawyer is for my injuries. I thought in Georgia there was a law that protected me from this type of crap??????:mad: :mad: :mad: :mad: :mad:


    Georgia is an "at fault" State (as opposed to a no-fault State). Insurance companies determine who is what percent at fault - and that's the percent that they pay. Obviously if you and your company don't agree, then you have to sue - and (same in no-fault States if you meet the burden of proof/meet the criteria) you have to sue the other driver.

    Did you carry rental car insurance? If so there should be no question - you should be provided with a car if you have a statement that your car cannot be driven. No questions asked as long as it's an accident and not mechanical failure. You CAN rent a car and sue for the cost as part of your damages if you can prove (which you obviously can) that the car is a necessity. If you don't carry car rental insurance the insurance company is under no obligation to provide you with a rental car.

    I can only assume you are already represented by an Attorney and your company is on notice - if so the insurance company is not going to negotiate with both you AND your Attorney. In fact, in "most" cases they cannot legally do so - you are represented by counsel. If the claims adjuster wants a release from your Attorney, I would say that's the problem.

    Your Attorney should be getting this done for you. The determination of fault and the extent of injuries will enter into your claim for injury. It's part of the package - although not a big part of the package. That's up to your Doctors.

    I work with Allstate all the time - I know people do the "good hands" joke but I find them to be efficient, know their "stuff," never have a problem. I don't know what the problem might be here.

    I work for liability Attorneys and that's usually where my sympathies are because people don't understand the process; I do some work for insurance companies. I think in this case your Attorney has to get somebody moving.

    I have posted this before - my husband was in a very bad accident in November. The insurance company and the collison shop came up with a final dollar figure in MARCH! Meanwhile - no car. And I work in the business. Some companies are very, very difficult to work with but that has not been my experience with Allstate.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jul 18, 2008, 07:37 AM
    Quote Originally Posted by southerngalps
    i have never heard of needing a statement from a lawyer before viewing damages. have you at least talked to your lawyer about that part?? did he know anything?? is this person's insurance company a reputable one??

    OP is represented by an Attorney - this is not the least bit unusual under that circumstance.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Jul 18, 2008, 07:41 AM
    You have two options here. You can process a claim through your insurance carrier and have them pay out according to your policy terms, then sue the other driver and Allstate for reimbursement. Or you can file your claim directly to Allstate and have them pay whatever.

    As for rental car payment, it depends on what the other driver's coverage is. But I can understand their adjuster wanting a letting from your attorney. As soon as they know you have an attorney, they will want to deal SOLELY through the attorney. Therefore it makes sense for them to ask for authorization.

    Your attorney is not just for your injuries. Your attorney should be dealing with all aspects of your claim.

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