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sophie


Kenneth Cole

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Legal question??
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I know that this is a style forum but I thought maybe someone has experience with this and could help me.


I got rear-ender in my car almost a year ago.  The insurance company of the person who hit me, Mercury, paid for my car to get fixed in full (it was their insured’s fault 100%).  However, they also told me that my car rental cost would be reimbursed.  But now almost a year later after arguing with Mercury they still haven't reimbursed me.  They say my car took longer then "the reasonable amount of time to be fixed."  So they only paid for half the days of the rental.  But this isn't my fault, my car only took two weeks to be fixed, and what is "the reasonable amount of time" anyway?!?!  I got my rental the same day Mercury's adjuster went to M2 Collision Center to evaluate and agree on how much it would cost to fix my car and I dropped my rental off as soon as my car was released to me.  I didn't have the rental even an hour longer then necessary (beleive me I didn't want to - it was an icky car).  Anyway, now I'm going to file a small claims suit. 


My question: Do I sue Mercury - or - do I sue the guy who hit me because his insurance company won't pay?? 


If anyone has any experience with this and knows what I should do I'd be very appreciative.  Thank you in advance.


PS I am soooo angry and disapointed at how dishonest and messed-up car insurance companies can be!


 


 



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esquiress


Marc Jacobs

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sorry sophie, i have zero idea about who you should sue.  good luck though, that really sucks!

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Karina


Chanel

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Wouldn't Mercury be liable for this since their adjuster went to the collision center? Auto body shops base their repair rates on how long a job is going to take, so therefore Mercury should have been aware of how long it was going to take.

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sophie


Kenneth Cole

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quote:
Originally posted by: Karina
"Wouldn't Mercury be liable for this since their adjuster went to the collision center? Auto body shops base their repair rates on how long a job is going to take, so therefore Mercury should have been aware of how long it was going to take."

Is that true?  Then I don't understand what their freakin problem is.  I hate Mercury and everytime I see a commercial for them I want to scream!  I'm going to go to small claims for sure.  But I've never sued for anything before.  I'm kind of scared to speak in front of a judge.  Hopefully Mercury will just send me a check for this once they receive the certified small claims suit letter from me.  I really don't want to go to court. Ugh what a pain.  I almost want to say never mind but I think letting it go like that would annoy me more, Ugh Ugh Ugh!



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Karina


Chanel

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You need to call the collision center tomorrow and get a copy of the invoice, including the hours of work ... if it shows in the invoice that the Mercury rep went over with the auto body shop and had knowledge of how long it was going to take, they have no case, and you are entitled reimbursal for however long it says the work would take on the invoice.

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sophie


Kenneth Cole

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Thanks for the advice Karina, it's a big help.  I'm definitly doing that first thing tomorrow.

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Mandy


Kate Spade

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i used to work for a rental car company (the worst job i have ever had) and unfortunately this happens a lot.  take it up with the body shop.  tell them they took too long and the insurance company wont pay.  sometimes they will pay for you because they know they took too long or they will help you deal with the insurance company.  have the body shop contact mercury on your behalf and explain why things took the amount of time they did. 


good luck 



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