- Jurisdiction
- Washington
My daughter's car was hit and disabled (nearly totaled with $14K in damages) while she was exiting parking lot at Home Depot by employee who was driving fast entering parking lot and not seeing her in which he confessed. It happened on October 2021 around 8 pm and it was already dark. She had a full coverage and we opened a claim with our insurance company AllState thinking it will be easier to deal with them plus we have PIP to pay for medical. Butwe didn't had rental coverage so she called USAA and they opened a claim and told her they will reimburse her for rental. Getting an estimate on her car was a nightmare with our insurance company who just started using virtual assist and we live in rural area and couldn't get a good connection. After so many days and tries we got a tractor and moved a car to a better spot and finally got $3K offer which was ridiculous. They wanted car towed to their certified shop for more detailed estimate even when on a 3rd day we already had $11K estimate from a mobile mechanic. There was no way around it so we towed it there. It took the shop 4 months and after I finally snapped and wrote them a nasty letter, they gave $14,200 estimate next day but it took our insurance company 2 more month to pay us (something with adjuster being in training, etc). We didn't know how long she can have a rental so we returned it but USAA haven't paid a penny even when they promised and she was sending them her receipts. It was total $7900 for 8 months. Accident happened in October and we got $$ for the car in July: 9 months or so.
She is done with her medical treatments and they offered her $15K to settle only they are paying our insurance for her medical out of that and she's only getting $6300 which won't even cover her rental expenses that she used her savings and credit card for. How do we reply to remind them they are liable for the rental? It's 100% fault of their insured. I tried to find RCW but couldn't. She has around $10K in medical bills that she paid for some. We are thinking to request a reimbursement $7900 for rental, $1300 for medical, and $10K for pain and suffering. There's also a diminished value of her car that has sustained significant damages. It's 2017 Mazda 3 sedan and it's not fixed yet because we can't find a shop that's reasonable since July 2022 and their certified shop is way too busy with a long wait time. I don't know if $4-5K diminished value would be reasonable. Prices on similar cars vary from $17-24K.
She is done with her medical treatments and they offered her $15K to settle only they are paying our insurance for her medical out of that and she's only getting $6300 which won't even cover her rental expenses that she used her savings and credit card for. How do we reply to remind them they are liable for the rental? It's 100% fault of their insured. I tried to find RCW but couldn't. She has around $10K in medical bills that she paid for some. We are thinking to request a reimbursement $7900 for rental, $1300 for medical, and $10K for pain and suffering. There's also a diminished value of her car that has sustained significant damages. It's 2017 Mazda 3 sedan and it's not fixed yet because we can't find a shop that's reasonable since July 2022 and their certified shop is way too busy with a long wait time. I don't know if $4-5K diminished value would be reasonable. Prices on similar cars vary from $17-24K.