I chose a Toyota dealership to get an original roof. Amica's appraiser found a guy to do it cheap. The roof leaked before I drove it out of the shop. After 4 months of this nonsense ,amica finally gave in and got the correct ragtop roof. Now the rental car agency has charged my credit card over $1200.00.Amica has informed me that even though I have full insurance coverage,I have to file with Small Claims Court to sue the city and get my money back..I've been told by the courts it could take up to a year to get a court date..What rights do I have?
2007-02-24 01:19:13 · 5 answers · asked by Faerae 2 in Cars & Transportation ➔ Insurance & Registration
You owe your deductible because that's the agreement you have with your insurance company...you are "self insured" up to that amount, the insurance pays the rest. It doesn't matter who's at fault or what the reason, you owe it.
Amica is feeding you a line of bull....if they paid even $1 to fix your car, they have assumed what's called YOUR "subrogation rights" and can pursue the City on your behalf. However, you can do this yourself through either small claims or with the city direct--you have to contact your City's risk management office & file a claim. But do it fast...most municipalities have a deadline on when you can submit a claim.
Finally, you have issues with your vehicle that outside the control of the insurance company. If your roof leaked, take it up with the shop who did the repairs (duh); if the rental company charged your card $1200--well guess what? They can. You just need to find out why. And I'm betting it's because you exhausted any rental car coverage limit you may have had OR you didn't have rental coverage to start.
2007-02-24 06:23:44 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
Wow what a mess, not to mention a big pain in the bottom!
But as one person mentioned here you need to find out who the city uses as it's vendor or if it's the city that runs it's own. If it's a vendor then contact them. The will have insurance to cover such things or at the least be bonded for just such a thing. Most likely they would reimburse damages out of pocket though because commercial policies usually carry high deductibles.
If its a city run thing than things can get a bit more complicated. But essentially you need to contact there trash collection people, explain the situation and hopefully someone there will point you in the right direction. Dealing with the city will be allot more time consuming and frustrating but you should not have to get an attorney involved in all this, that would be a last resort option. But be careful you will have a time limit on just how long you can try and recoup your loss.
Good luck and take care.
2007-02-24 04:23:23 · answer #2 · answered by deanspurrier 3 · 0⤊ 0⤋
You have to pay the deductible because that's what you agreed with the insurance company.
Definitely file suit for damages against the city, and add interest on the amount because you wouldn't have had to pay that without the city's mishap either.
2007-02-24 01:32:10 · answer #3 · answered by Engineer-Poet 7 · 0⤊ 1⤋
none...contact the city and find out who contaracts the trash removal.... then contact them directly...explain your problem...since it is only about $500 they maybe will to settle without going to court...it would cost them much more if the matter did end up in court for attorney fees and they will most definetly lose...if all else fails file a suit
2007-02-24 01:40:14 · answer #4 · answered by Robert P 6 · 0⤊ 0⤋
Your screwed. It will take a long time. If you hire an attorney, they will eat your money up.
2007-02-24 01:28:11 · answer #5 · answered by Anonymous · 0⤊ 2⤋