What should I do if Enterprise denies my liability insurance claim?
A few months ago, I was involved in a hit-and-run incident on the freeway in California. The other party was clearly at fault, and my car sustained significant front-end damage along with paint transfer from their vehicle. I made sure to note the license plate number, make, model, and color of the other car, and I filed a police report and an insurance claim the very next morning. Unfortunately, since I don’t have collision coverage, my insurer can only communicate with the other party’s liability insurance.
I found out that the vehicle involved was a rental from Enterprise. Recently, they reached out for details and my account of the incident. However, I just received an email from them stating, “After a thorough investigation, we do not believe the operator is legally liable for the damages you are claiming. The renter reported no accident occurred at the time of rental, and an inspection upon return showed no damages to the vehicle. As there is no evidence proving our renter caused damage to your vehicle, we must respectfully deny your claim.”
What options do I have now? 🙁
I’m sorry to hear about your situation; it sounds frustrating. Here are some steps you can consider taking:
Gather Evidence: Compile all the evidence you have including the police report, any witness statements, photos of the damage to your vehicle, and any evidence of the paint transfer. If you have any dashcam footage or photos of the other vehicle immediately after the incident, include that as well.
Contact Your Insurance Company: Even though you don’t have collision coverage, your insurance may still be able to assist you with the liability claim. They might be able to advocate on your behalf or provide advice on the next steps.
Request a Detailed Explanation: Ask Enterprise for a more detailed explanation of why they believe their renter is not liable. Sometimes, they may not have all the information or may have made an error in their investigation.
Document Correspondence: Keep a record of all communications with Enterprise, including emails and phone calls. This documentation can be crucial if you decide to escalate the matter.
Consider Legal Advice: If you’re not able to resolve the issue with Enterprise and feel you have a strong case, consider consulting with an attorney who specializes in insurance claims or personal injury. They can provide insight specific to your situation and help you understand your options.
File a Claim in Small Claims Court: If informal negotiations fail, you may consider filing a claim in small claims court. This is a way to seek compensation without going through a lengthy and expensive litigation process.
Report to the Department of Insurance: If you believe that you aren’t getting a fair response, you can file a complaint with the California Department of Insurance. They may be able to provide assistance or mediate your dispute.
Explore Alternative Dispute Resolution: Look into mediation services that specialize in resolving disputes between consumers and businesses.
Remember to act quickly, especially if you are considering legal action or filing a claim, as there are often deadlines that must be met. Good luck, and I hope you get the resolution you deserve!