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why do I have to pay for my rental car when the accident is not my fault?

by William
(New York state)

On 4/16/2013 I was proceeding thru a green light when a car driven by a man with a suspended licence ran the red light & hit the back passenger side of my 2003 Mercedes ML350 spinning me around. I had my seat belt on but was thrown against the driver,s door window suffering whiplash, hip & back pain. I went to the hospital the following morning & was checked out. I informed my insurance co the next morning which is Preferred Mutual of Newe Berlin, N.Y. The other driver is insured by Geico. The car was towed on a flatbed that night & the police were caleed & investigated. The insurance adjuster did not look at the car until almost a week later on Mon. 4/22/2013 & left a message on my answering machine that she had totaled the car & this report was sent to Albany NY which is the state capital. She did not take into account that the car has 4 tires worth over $1000.00 & after market head lights worth $300.00-400.00. When I complained to my insurance co that I wanted to keep the car & have it fixed they said this was allowable & they changed the value of the adjustment but since the information had been sent to Albany NY that it was salvage they could not pay for our rental car past 4/30/2013 This would be our responsibility. Part of my insurance is a car rental while my car is being fixed. HELP!!!! o

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