Enterprise - Do I need a bad faith attorney? Simple property damage has turned into a nightmare
I don't know much about auto insurance claims, but I do know they have to and in no uncertain terms tell me they are denying my claim and why in an official and written communication. I need someone to give me advice what to do next. I have a strongly worded demand letter giving the 1 week to get me my total loss documents and an offer for ACV....I'm probably screwed.
17 days after the accident the at-fault driver's insurance told me they were taking responsibility and needed me to contact the impound lot and approve them to pick it up. They then told me I would be getting a rental car, comparable to my vehicle ( a 7 seater XL SUV and it would be authorized for a minimum of 5 days, to be extended as needed. Then they asked for my statement--- They accepted fault before they even heard my side, and my side further points the finger at their guy.
July 1st They took it to their body shop and I picked up my rental and I didn't hear anything for a couple days so July 3rd I called the shop up and the owner said they told the person who dropped it off that it was totaled without needing to be evaluated and to take it away (they left it anyway) She said left a voicemail with the adjuster that day but hadn't heard back from her yet.
I call and leave a voicemail with the adjuster and since it was the day before 4th of July I wasn't really expecting to hear back from her until Monday at the earliest. I didn't hear anything until 7/9-Wednesday. It was an my email to check the claims portal for new documents. It was a document for a repair cost estimate. $24,000 and my car is worth $21,000 on a really good day. The repairs are things like welding to repair frame, taking various pa from a 2024 model (my car is 2018), not even a compatible year.
Voicemail notification pops up from the adjuster. Hey, just wanted to touch base. Our liability department reviewed the claim and determined they were no longer taking responsibility for it. Please let me know where you would like to have my vehicle taken. If I want to send her a text with my address she can even be so nice to leave it in my driveway. She calls again on the 11th leaving another voicemail. I say call, but my phone isn't ring there's no missed call in my log--- This voicemail she is super chipper, telling me the good news that my vehicle can be fixed, says to check my email to see the estimate for repair, tells me I just need to take that to my insurance and they will get the repairs done since they are no longer accepting responsibility. "Your insurance has probably already been communicating with you and asking you for it. No man, they denied my claim 3 weeks ago boi. My insurance has been terrible through this too, can't get them to call me back so at this point I take it upon myself to order my own copy of the police report because there has got to be a reason they're suddenly flipping the script on me.....
I get a copy of the accident report 7/15 and oooh boy, that has to be the DUMBEST cop on the planet. Here's his report
Driver 1 was traveling down lane 2 , veered into the guard wires on the left. Driver 1 then took a sharp right being perpendicular in lane 1 when driver 2 collided.---- Like it all happened at the same time. OH! And he apparently cited me for improper lane usage which has to do with unsafe lane changes and swerving outside the lines. The diagram he drew is equally ridiculous. Nothin he had in the report was anything I had said.
Here is the gist of what actually happened that day:
Traveling in the left lane on the highway at 320am my tire came off ....and I'm not talking just my tire, the entire hub. At the time I had no clue what happened and am only guessing, honestly at what happened next -my car sank down slightly on the driver side and suddenly I couldn't steer,, my vehicle is not responding even if I held the steering while steady or if I decided to jerk it hard to the right. When gently touching the brake the car wanted to make a hard right so while It had a mind of its own, all I could do was down shift and pray THANK GOD I was able to reduce speed to 40mph and that the road was empty because my vehicle decided to suddenly make a harsh veer right which caused my car to do a fancy spin across the highway to the right lane and came to a stop facing oncoming traffic. My vehicle was semi parallel to the highway and mostly on the shoulder, but partially in the right lane as well. Facing oncoming traffic but the front of the car more on the shoulder and the back more in the right lane.
My vehicle automatically starts flashing every light ever and blaring out the alarm sound, and saying "we are contacting emergency services" or whatever it said. Sweet saves me something to do since my car refuses to budge. I should mentioned that it was twilight out and I was grateful that my vehicle was facing head on because my headlights and fog lights are hard to miss, impressive and now they are blinking.. I contact AAA and put out these orange plastic cones that I had in the back from soccer practice...better than nothing. I can see that my tire is there but it looks crooked. I get back in the vehicle because I assume I would survive an impact surrounded by steel better than if I wasn't. I'm watching cars approach, slow down and change lanes for about 20 minutes while AAA takes their sweet time.
345ish is when I see this minivan in the right lane coming quick and not slowing down at all, other cars are getting over ya know?.... the next part happens in a blur no idea what occurred, I think my brain took over and put my conscious to sleep for a second he smashes into my beast of an SUV going at least 80mph-never touching his brakes, no tire marks on the ground But I am standing on the side of the road so I must've escaped just in time. and on the shoulder is my driver side tire disconnected like a loose tooth.
My vehicle gets thrown 100 yards down the highway, he continues another 100-150 yards down the road and up an embankment about 20 feet. I think he's dead, i run down to check on him, by the time I get there he is standing outside his vehicle and on the phone with 911.
He was real cool, grateful I was alive he tells me that he was sorry. He had his cruise control on and his cat was in the back seat. His cat started meowing so he was turned around checking on it and before he could turn back around he smashed into my SUV He had to have been not looking at the road a solid 60-90 seconds--- visibility was far even at twilight.
ANYWAY, I write the insurance carrier and go over my review of the accident report and pointing out inaccuracies such as where my vehicle ended up would have been impossible had it been a t-bone collision and the fact that his vehicle traveled 200 yards after impact supports my side of the story that his passenger side collided with my passenger side, in a semi head on way....hard to describe how my vehicle sat, it was parallel but not perfectly so, the back of my car was slightly in the right lane and the front of my vehicle was slightly more on the shoulder. Also mentioned that I had order a copy of the 911 call where he admitted to me he wasn't looking at the road....before I could hit send, I get an email saying to check the claim portal, they have a copy of the police report and a letter attached saying that they were sharing the police report with me and that the police report does not state their client is at fault.
ALSO DOESNT SAY IM AT FAULT BUT WHATEVER!!
Enterprise calls me they want to report the vehicle stolen, they give me 24 hour grace aka today in 3 hours. I send a strongly worded demand letter pointing out that they have not denied nor finished my claim, and they were the ones who approved a rental car to see me through the length of this claim so they are obligated to continue paying for my car rental and if they fail to do so then I will have no choice but to submit a complaint for bad faith practices. Gave them 24 hours to respond.
I don't understand what is going on, why change their minds like this but not outright deny the claim and end it here--this game playing I don't have time for it but I am a petty person I will not roll over.
I'm frustrated. No attorney wants to take this case because I'm not injured, wishing now I had stayed in my vehicle so at least the insurance couldn't mess with me. I'm too broke to pay for an attorney, but I can't afford to lose a $20,000 asset because they are a bully.
Enterprise - Other party (Enterprise rental) denying liability insurance claim, what can I do?
Got hit and run on the freeway in California a couple of months ago. Other party was at fault. My car is badly damaged in the front with paint transfer from the other car. I wrote down the license plate #, make, model, color, and went to file a police report and insurance claim the next morning. I don't have collision insurance so all my insurance could do was follow up with the other party's liability insurance and see what they said.
Turns out the other party was a rental car from Enterprise. Enterprise called me recently to get more details and my side of the story. They finally just emailed me saying "After a thorough investigation of the facts, we do not believe the operator is legally liable for the damages being claimed in this loss. The renter claimed no accident occurred at the time of rental. Upon returning and inspecting the rental car, there were no damages reported to the vehicle. There has been no evidence provided proving our renter hit your vehicle. We must therefore respectfully deny your claim."
What recourse do I have, if any? :(
Make A Complaint
Loading...