How to Get Rental Car After an Accident

How To Get Rental Car After An Accident

Unfortunately, car accidents remain a serious risk in our state. The Colorado Department of Transportation (CDOT) reports that more than 120,000 collisions occur every year.

Being involved in one of these crashes can affect your life in many different ways, including taking away your mode of transportation. The good news is that if you were involved in an accident that was not your fault, you are entitled to receive a comparable rental car.

However, actually getting a reliable rental can sometimes prove to be challenging. Here, our experienced Colorado Springs car accident lawyers explain how to get a rental car after an accident.

Obtaining a Rental Car After an Accident: Three Scenarios

No one wants to pay for someone else’s mistake. Under Colorado’s comparative negligence law, the party who was ‘at fault’ for an auto accident is responsible for covering any damages related to the crash. Rental car costs are a legitimate economic damage. This means that your rental car should be covered by the insurance company of the at fault driver.

However, in the real world, getting an insurance company payout is not always that easy. Indeed, in some cases, disputes arise over who was to blame for a crash. Below we highlight the three most common accident scenarios and how you can pay for a rental car in each scenario:

You were at fault for the crash

If you were at fault for the crash, you will be liable for the accident. This means that you will be responsible for paying for your own rental car. However, you may not have to do so out of pocket. You should always check to see if your own insurance policy offers rental reimbursement coverage. If you have this type of coverage, your rental costs may be covered regardless of fault.

Another driver was at fault and their insurance company agrees to pay out

In this scenario, the other driver’s insurance company is responsible for paying your rental car costs without any undue delay. This means that the company should cut you a check and offer you immediate reimbursement, or even direct payment to the rental car company. Under Colorado law, you are entitled to rent a vehicle that is comparable in quality to that of your original vehicle.

Another driver was at fault and their insurance company refuses to pay out

An opposing insurance company might refuse to pay for your rental car for two reasons, including that either:

The company is still investigating the accident; or
The company is fighting your claim and denying that their policyholder is at fault for the crash.

In either case, you should seek assistance from an attorney. You may still be able to get immediate coverage for a rental car from your own insurance company. Though, you may be required to cover the rental costs initially and work with your attorney to fight for full reimbursement for all of your damages from the negligent driver’s insurer.

Contact Our Colorado Auto Accident Lawyers Today

At McCormick & Murphy, P.C., our dedicated car accident lawyers have helped many injured victims obtain full and fair compensation. If you were hurt in an accident, we can help. Please do not hesitate to contact our team today at (719) 249-0541 to request your free case evaluation.

How To Get Rental Car After An Accident Q&As

What should I do if I have suffered a serious injury in my car or truck accident?

If you’ve suffered a serious injury in your car or truck accident, it’s crucial to seek medical attention immediately, document all injuries and damages, and consult with a personal injury lawyer to understand your rights and potential compensation.

How long do I have to file a lawsuit after a truck accident?

The timeframe to file a lawsuit after a truck accident varies by state. It’s important to consult a personal injury lawyer to understand the specific statute of limitations in your jurisdiction.

How to choose a personal injury lawyer for your claim?

To choose a personal injury lawyer for your claim, research their experience, check their track record with similar cases, read reviews, and schedule consultations to find the best fit for your needs.

How do I get rental car reimbursement not at fault accident?

To get rental car reimbursement for a not-at-fault accident, contact the at-fault party’s insurance company to file a claim. Provide necessary documentation and inquire about their process for approving a rental car.

How long will my insurance pay for a rental car after accident?

The duration your insurance will pay for a rental car after an accident depends on your policy’s rental reimbursement coverage. Typically, it lasts until your car is repaired or until you reach your policy’s coverage limit.

How can you get a rental car after an accident, and who pays for your rental car?

You can get a rental car after an accident by contacting either your insurance company or the at-fault party’s insurer, depending on who is at fault. The responsible party’s insurance typically covers the rental car costs.

Will insurance reimburse me for a rental car after an accident?

Yes, insurance will reimburse you for a rental car after an accident if you have rental reimbursement coverage or if the other party is at fault and their insurance covers it.

What happens after a car accident and you didn't add a rental car to your insurance?

If you didn’t add a rental car to your insurance and have a car accident, you might have to pay out-of-pocket unless the other driver is at fault and their insurance covers your rental expenses.

March 31, 2017March 21, 2024

How to File a Complaint Against Your Insurance Company in Colorado

How To File A Complaint Against Your Insurance Company In Colorado

Insurance companies have a contractual duty to deal honestly and fairly with their clients. While many insurers take great pains to address the concerns of policyholders and abide by the terms of their contracts, others are not so scrupulous. In these cases, the insured may be able to file a bad faith claim against the company.

An insurer’s failure to pay a claim fairly or promptly can have devastating consequences for injured victims, so if you were recently injured in a car crash or another type of incident and you were denied compensation, it is critical to speak with an experienced bad faith insurance attorney who can explain the claims filing process.

What Constitutes Bad Faith?

Determining what types of behavior qualifies as bad faith can be difficult and while there is no clear cut definition, there are certain indicators that are typical of bad faith, including:

Failing to evaluate a claim in a timely manner;
Unreasonably denying a claim;
Using intimidation to coerce a settlement;
Making an unreasonably low settlement offer;
Demanding over-burdensome or unnecessary paperwork;
Advising the claimant not to hire an attorney;
Changing the claimant’s policy without notice;
Significantly increasing premiums for accidents that were not the policyholder’s fault;
Failing to complete an investigation promptly and thoroughly; and
Failing to communicate with a client regarding the status of a claim.

Insurers who exhibit these types of behaviors can be held accountable for bad faith insurance practices in court as long as:

The claimant has exhausted his or her administrative remedies; and
The insurer’s actions were unreasonable.

Filing a claim of bad faith insurance practices can be time-consuming and stressful, so it is in a claimant’s best interests to ensure that the delay, denial, or improper investigation was not merely the result of a simple clerical error or other oversight.

To this end, a claimant who has been denied or offered an unfair settlement should first attempt to speak with the claim adjuster’s supervisor and bring the matter to his or her attention. At this stage, it is important to document all communications with the company, including:

The date and time of each communication;
The name of the person handling the call; and
A brief summary of each conversation.

It is also critical to keep copies of all written communications with the insurer.

Contacting the Division of Insurance

However, if after explaining the situation, as well as the adjuster’s behavior, the company refuses to change its position, the claimant can file a claim with the Colorado Division of Insurance (DOI), via:

Telephone;
Email;
Fax; or
An online complaint form.

Generally, formal complaints must be in writing or filed electronically through the DOI’s website. The DOI then requests certain information from the claimant, including:

The company’s name;
The type of coverage offered under the policy in question;
The claimant’s policy number;
The claim number;
A description of the issues; and
A statement of the required resolution.

Once this information is obtained, the DOI gives the insurance company 20 days to research and respond to the complaint. Once the company’s response is received, the analyst assigned to the complaint reviews the insurer’s explanation and determines whether a law, regulation, or contract provision has been violated. In the event that the DOI discovers that a company has violated a law or regulation or has disregarded policy provisions, it can:

Require payment to the claimant for wrongfully denied or withheld benefits or a refund of premiums paid;
Pursue enforcement of policy provisions;
Require the company to perform a self-audit; or
Issue a fine against the company.

Once a claimant has attempted to resolve an issue through administrative procedures, he or she can file a claim against the insurer in court. If able to demonstrate that an insurer acted in bad faith, a plaintiff can recover twice the value of the initial claim.

Contact us Today to Speak With an Experienced Bad Faith Insurance Attorney

An insurance company’s failure to fulfill the terms of a policyholder’s contract can have serious consequences for injured victims who are already struggling to make ends meet. Insurers have a legal duty to comply with the terms of a claimant’s policy and can be held accountable if they do not.

If you believe that your insurance company is acting in bad faith, please contact the legal team at McCormick & Murphy, P.C., by calling 719-249-0541 today or by sending us a brief message. One of our dedicated bad faith insurance attorneys can also be reached via live chat.

March 31, 2017March 21, 2024

What are Unfair Claims Settlement Practices?

What Are Unfair Claims Settlement Practices?

An insurance company’s failure to deal fairly and honestly with policyholders and injured third parties can have serious consequences for those who are attempting to pay for medical bills and property damage.

Recognizing the important role of insurers, the Colorado Legislature passed a series of laws aimed at regulating how insurance companies handle claims.

One such law is the Colorado Unfair Claims Practice Act, which makes it unlawful for insurers to take part in certain bad faith behaviors.

Unfortunately, filing a claim under the Unfair Claims Practice Act can be time-consuming and difficult, so if you believe that your insurer has been acting in bad faith, it is crucial to speak with an experienced Colorado insurance dispute attorney who can walk you through the claims filing process.

Prohibited Actions

According to Colorado’s Unfair Claims Practice Act, it is unlawful for an insurance company to use deceptive practices when dealing with both first party and third party insurance claims.

First party claims are those filed by someone against his or her own insurance company, while third-party claims arise under another person’s policy.

For instance, an individual who was injured in a car crash that was caused by someone else’s negligence may be able to file a third-party claim with the at-fault party’s insurance company.

Generally, the law prohibits bad faith actions, such as:

Misrepresentation

Misrepresenting a policy’s coverage;
Failing to respond to communications regarding a claim;
Failing to deny or pay a claim promptly;
Failing to create standards for investigating insurance claims;
Failing to conduct a reasonable investigation;
Failing to respond to a claim within a reasonable time period after the appropriate documentation has been submitted;

Time-Sensitive

Refusing to promptly provide a reasonable explanation of the basis for the denial of a claim;
Refusing to quickly settle claims under one provision of the policy in an effort to affect settlements offered under other parts of the policy agreement;

Unfair Practices

Making payments without sending a statement describing coverage;
Telling claimants that it automatically appeals all awards granted in arbitration in an effort to force them to accept a settlement less than what they would have received in arbitration;
Prolonging an investigation or payment by forcing a claimant to provide a preliminary claim report form as well as documentation establishing proof of loss, both of which contain the same information;
Raising the defense of comparative negligence without first conducting a reasonable investigation and developing substantial evidence in support of the negligence claim;
Failing to adopt and implement reasonable standards for the prompt resolution of medical payment claims; or
Excluding medical benefits based solely on the claimant’s participation in motorcycling, snowmobiling, off-highway vehicle riding, skiing, or snowboarding.
Trying to settle claims on a policy that was changed without the policyholder’s consent;
Trying to resolve a claim for less than the reasonable amount indicated by advertisements accompanying an application;
Forcing a policyholder to file a lawsuit by offering much less than what is owed;

Unfortunately, this statute does not create a private right of action, which means that only the state insurance commissioner can discipline a company for violating the act.

However, insurance companies can be sued for breaching the duty to act in good faith and the Unfair Claims Practices Act can be used as evidence of what the duty of good faith requires.

Essentially, under Colorado law, insurance companies are required to be honest with policyholders as well as third-party claimants.

Insurance companies who fail to comply with these laws can and should be held accountable for their actions, so if you were injured and believe that an insurer has acted in bad faith, it is critical to speak with an experienced insurance dispute attorney who can protect your interests.

Call us Today to Speak With an Experienced Insurance Dispute Attorney

Victims of bad faith insurance practices may be able to collect twice the amount of what they should have collected under their policy in addition to attorney’s fees.

Unfortunately, filing a claim of bad faith insurance practices can be difficult and time-consuming, so if you were injured and were unfairly denied coverage, please contact McCormick & Murphy, P.C., at 719-249-0541 to schedule a free consultation with a dedicated insurance dispute attorney who can evaluate your case.

You can also reach us by completing our brief online contact form or by initiating a live chat with a member of our experienced legal team.

May 29, 2016March 21, 2024

How Long Will My Personal Injury Lawsuit Take?

One of the most common questions in any personal injury lawsuit is: “How long will this take!?” The simple, yet deeply unsatisfying, answer is: It depends. Below is a brief exploration of the different phases of a personal injury claim set in the context of temporal phases. Although each case brings with it a unique set of facts and circumstances, here are some of the phases that must be considered when determining the length of a case.

Recovery

If you are injured in an accident, your firm will most likely not start negotiating a settlement until you have sufficiently recovered from all of your injuries. This does not mean that you have to completely return to the same person you were before the injury, it merely means that you have to reach a point where no further improvement in your physical ability is expected. If any residual problems, in the opinion of your physician, are permanent, then you have reached your maximum medical improvement. Reaching this level of recovery can take time. For example, a car crash that has caused a severe brain injury may take years to reach that point. Law firms wait until you are released from care so that they can have the fullest understanding possible of the extent of your injuries, your future medical bills, and your loss of wages. If they act prematurely, it may be too late to seek recovery for additional issues.

Preparing and Submitting Settlement Demand to Insurance Company

After you have discharged from medical care, your settlement demand will be prepared by the law firm and submitted to the insurance company. A lot of information is contained in this submission packet, including medical bills, loss of wages and days missed from work, and limitations because of injuries. The firm will then provide a range of compensation that would need to be provided in order to settle the claim. How long this takes depends on the complexity of the case.

Negotiations

The insurance company will review all of the documents submitted by the law firm and may conduct its own investigation. After this, the insurance company will provide its first offer for settlement. All offers are discussed with the client. Ultimately, it is the client’s decision whether or not to accept or reject an offer. Of course, however, your attorney will provide opinion, analysis, and support. If the insurance company provides inadequate offers, you may choose to litigate.

Litigation

Filing a lawsuit does not necessarily meant that the case will go to court. It does mean that there will be some disclosures and discovery. In addition, most all courts require the parties to go through mediation (i.e., a settlement conference) before the parties are allowed to go to trial. These activities do take time. Most cases get set for trial within 8-12 months of the filing of the lawsuit.

As is evident, the complexities of the personal injury case and the settlement negotiations can have a huge impact on the length of time required for receiving compensation. Although each case is different, you may now have some idea as to what goes into reaching an agreement. If you have been injured and would like to seek compensation, or if you would like additional details regarding the process for receiving compensation, contact a Colorado personal injury attorney today.

May 5, 2014February 28, 2024

Should I give a recorded statement to the insurance company?

Should I Give A Recorded Statement To The Insurance Company?

In general, you are under no obligation to provide a recorded statement or cooperate with the insurance company of the driver who is at fault. It is important to keep in mind that insurance company adjusters are trained to ask questions that could benefit them and could be to your detriment. It is almost always advisable to consult with or be represented by an attorney before speaking with an insurance company.

January 27, 2014February 28, 2024

USAA denying my medical bills after review by Auto Injury Solutions. What do I do?

USAA Denying My Medical Bills After Review By Auto Injury Solutions. What Do I Do?

If you were in an automobile accident and have medical payment insurance, your own insurance company is responsible to pay for all of your medical bills that are reasonable and necessary related to that automobile accident up to the limits of your insurance coverage. Some insurance companies, like USAA, employ or contract with companies like Auto Injury Solutions, to review medical bills before they pay them.

In some circumstances these reviews conducted by Auto Injury Solutions have been found to be incomplete and not in the best interests of the policyholders, which is the individual who is been injured. There are many ways to address these incomplete and in some circumstances wrongful denial of medical benefits.

If you have been injured in an automobile accident and are insured by USAA, and your medical bills are being denied based on a review by Auto Injury Solutions, you should seek the advice of an attorney.