State of CA
Hi. A friend of mine was involved in a car accident back in early November. Anyways, the other fault was deemed at fault by his insurance company and so his insurance company is paying for the repair of the car. Fine and dandy. THe insurance company also agreed to pay for the rental car while her car is in the shop. Again fine and dandy. Well it's now been almost 2 months and her car still has not been fixed by the shop. (It's scheduled to be done by early next week.)
THe problem is......the other day she had contacted the insurance company because her car rental company had informed her that they needed to get an extension from the insurance company to continue renting her the car. (Unless she wants to pay it out of her own pocket). THey had been trying to get an extension but were having communication problems. My friend decided to take it upon herself to call the insurance company to find out what the deal was. The agent on the phone informed her that they were only willing to pay for the rental up to Dec 3, and that she would have to pay for the rest of the days. She's ok with them not wanting to pay for anymore car rental days, because she agrees it's been an unreasonable amount of time that her car as been in the garage. However, she feels that she shouldn't have to pay for the days beyond Dec 3 that have already passed, especially since the insurance company never informed her of a time limit or that they were going to stop paying for the car rental. She argues that there wasn't any indication from the insurance company that would lead a reasonable person to think that they would not pay beyond Dec 3. Had they informed her they were going to stop paying ahead of time, she would have been ok with it. But they didn't bother to inform her until just this past week. So how was she to know that her rentals weren' t being payed for? Had she known, she could have made other arrangements (i.e borrow a friend's car to get to work ect.)
THe agent at the insurance company (as well as her supervisor who the issue was escalated to) agrees that she shouldn't have to pay for the excess days, but that she needs to collect the difference from the car shop since they are the ones who have taken such an unreasonable amount of time (I guess compared to industry standards for the kind of damage that occured) to fix the car. While she agrees that ultimately the car shop is most likely at fault for the extended time needed, the financial responsibility towards her lies with the insurance company, not with the car shop. The insurance company is financially responsible for making her whole and not the auto shop. So they should still pay the extra days and then they can try to collect from the auto shop.
Sorry about the long post, but can someone please shed some light on the matter here? Does she have a valid argument here? and if so, what can she do about this as they are refusing to pay for the extra days beyond dec 3.