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What are my rights in car insurance claim?

by Pam

Recently a neighbor backed into my brand new parked car instead of his driveway. He gave me his insurance info and I reported the claim.

It turns out we both have the same insurance companies. I am really upset that a new car (purchased 3 months ago) has sustained damages.

What I want to know is what rights do I have in going about a resolution? I know I can get it repaired by a body shop of my choice but I'm not too keen on repairing and then using a car that has been hit through no fault of my own.

Repairs are rarely the same as new and I see no reason to be subjected to this as it would eventually cause me loss when I try to sell it. Can I demand to the insurance company to replace my car? I will lose a couple of days in wages in trying to sort this out.

Do I have the right to get reimbursed? What about for time lost and inconvenience? Car rental? What other rights do I have? What is the best way to handle this? Please HELP!


Hello Pam,

You are 100% right, 100% on the money, I cannot agree more with you. However, you will be having very difficult battle with this type of claim.

The insurance company is not required to give you another car on the facts above. They can fix your car and your best bet is to make a claim for diminished value.

Note, because there are no injuries on your vehicle, you will not be entitled to any loss wages for dealing with the claim. It does not matter that you spend one day or a week. Dealing with a diminished value claim can take weeks of your personal time.

Out of all my years practicing law, this is one of the most frustrating issues. Insurance companies will argue that they do not owe for it and that you are not entitled to such compensation. Visit the link above to decide if it is worth your time going after the insurance company to pay you for the depreciation of your car.

They will not pay you for a rental car unless the car is being fixed. That is the only thing they are required to pay you.

I hope this helps,

Comments for What are my rights in car insurance claim?

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Sep 05, 2012
car insurance
by: Anonymous

My insurance company has posted a settlement check (last friday morning via 1st class normal mail) I have not recived it and should of recived it by now scared its got lost what are my rights?


Your rights is to call the insurance company and find out what happened. If the check is lost, then they can put a stop payment on the check (after they verify that the check was not paid to someone).

Contact them and try to get an answer from them.

Good luck

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