They refuse to pay me for damages caused by their vehicle!

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Oct 12, 2018
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#1
On may 11 2018 I was involved in an accident with a rental vehicle owned by p.v. holding, a subsidiary of Avis budget. They we're 100%at fault they are not disputing that, I have police report witnesses we're interviewed . My property was removed from the scene and taken to a storage facility, where it was held and I tried to pick it up but was told they would not release my property to me without approval from Sedgwick claims management services, Avis budgets claims management company. Sedgwick forwarded a check to me stating here is money to get stated with amont of check was $6400.00 along with the check was a release form releasing them along with the driver of the rental from any damages. For the amount of $10000.00 minus towing and storage fees totaling in excess. Of $2600.00 . I told them this was not nearly enough as my losses were in excess of $30000.00 they explained to me they only had $10000.00 available and I should take the $7000.00 and forget about it!!!?? I can not afford that I am just a working man they are a multi billion dollar corporation. Why should I... I can't! I have been unable to find a lawyer to help me recover,,,I did have to get a lawyer to get my property returned to me but he is not willing to pursue this matter any further,,,too costly! I am going to sue them... I am having trouble with the step by step procedure. However I want to recover my loss,,,, I am also going to ask for punitive damages of at least 10 times the amount of my loss for thier agregious behavior with regards to the handling of this situation... They should have just paid, it has been aost 6 months and I am struggling I am sure if the folls were reversed they would be collecting every penny and then some from me...weather I have it or not,,, anyone have any idea where I can go for a clear step by step procedure as to suing in Supreme court in new York?
 

weihlac

Verified Member
Jun 30, 2017
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#2
What vehicle were you driving and what were the damages? What happened in the accident? Do you have the information about the driver of the other car?

Did you sign a release form when you got the check?

You have not provided enough information to receive any advice.
 
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JVillegirl541

Verified Member
Nov 21, 2014
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#4
Your own insurance company should be doing this. You are insured and so is the other party. Your insurance company makes you Whole and they fight it out with the other company. Who was the other driver??? You insurance carrier is suppose to take care of this.
 
Likes: Just A Guy
Oct 12, 2018
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#5
I was driving my pick up truck, towing a car trailer, with a Cadillac CTS I had bought my daughter for her birthday, all 3 total loss! I was traveling north on the i190 in the middle Lane of 3 lane divided interstate, the Avis Renta a car , a 2018 gmc Denali was passing me in the fast lane and turned abruptly right before she had cleared me , she hit my front bumper with the rear 1/4 panel of the rental vehicle sting me hard enough as she was traveling at a high rate of speed after striking my front right she spun sidward in front of me and then spun off my front end and into my trailer breaking it in half sending the Cadillac that was on the trailer airborne totally destroying all 3 of my vehicles, I did not have collision coverage on any of my vehicles so therefore my insurance company says I'm on my own and good luck. I did not sign the release!!!
 
Oct 12, 2018
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#6
What vehicle were you driving and what were the damages? What happened in the accident? Do you have the information about the driver of the other car?

Did you sign a release form when you got the check?

You have not provided enough information to receive any advice.
I do have the info on the other driver, it appears she has arrest records for several forgery, and identify theft, along. With several judgements!
 
Oct 12, 2018
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#8
Your own insurance company should be doing this. You are insured and so is the other party. Your insurance company makes you Whole and they fight it out with the other company. Who was the other driver??? You insurance carrier is suppose to take care of this.
I did not have collision on my vehicle so my insurance company said I'm on my own and good luck
 
Oct 12, 2018
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#9
Your own insurance company should be doing this. You are insured and so is the other party. Your insurance company makes you Whole and they fight it out with the other company. Who was the other driver??? You insurance carrier is suppose to take care of this.
I did not carry collision coverage on my vehicle so my insurance company said I'm on my own and good luck, I did a search on the renter/ driver and she has many judgements against her!
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
16,688
15,306
113
New York
www.promalvacations.com
#10
You need to file a lawsuit. The insurance she had for the rental may only have been $10,000 and that’s why that’s all they are paying. Go back to the insurance company and ask them if that’s all the coverage she had.

I would recommend you find an attorney for this, although even if you win a judgement you might not be able to collect.

I’m sorry this happened to you.
 
Oct 12, 2018
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#11
You need to file a lawsuit. The insurance she had for the rental may only have been $10,000 and that’s why that’s all they are paying. Go back to the insurance company and ask them if that’s all the coverage she had.

I would recommend you find an attorney for this, although even if you win a judgement you might not be able to collect.

I’m sorry this happened to you.
Thank you!!
 
Sep 12, 2018
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#12
In which state did this occur? States have various laws on minimum insurance requirements, and generally, rental cars include liability insurance as a part of the rental price.

Buried in the FAQs on Avis’s website is the following language: “Avis provides liability coverage for its vehicles as required by applicable law. In most instances, this will include coverage for the renter or authorized driver up to the financial responsibility limits of the applicable jurisdiction at no additional charge. In some states, the liability coverage provided is excess to any other applicable coverage. This means the renter's personal liability insurance is used first, and the Avis protection will not apply until the renter's or driver's insurance, if any, has been exhausted.”

The point of all that is to say that Avis only guarantees state-minimum coverage, assuming the driver didn’t have insurance. If your state requires a minimum of $10k, that’s all Avis has agreed to be liable for, and you’d have to go after the driver who *caused* the accident (because Avis did not) for any overage.
 

weihlac

Verified Member
Jun 30, 2017
1,308
1,275
113
Maui Hawaii
#13
As Nathan Witt notes, the minimum insurance in your state may be $10,000. The Avis renter decided to underinsure the rental. You decided not to purchase any collision insurance. If you cannot get payment from the DRIVER (not Avis) you likely have no recovery. Avis did not cause your damage-the driver did. Avis is the insurer for $10,000 which is what the rental chose to buy. Unless the renter was using an invalid/forged license/ID and should not have been allowed to rent the vehicle, Avis would appear to have no further liability.

Why did you decide to drive around with $30,000 in automobiles and not insure them? Had you been in a single car accident with this loss you would have no recourse, as you probably have none now.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
16,688
15,306
113
New York
www.promalvacations.com
#14
As Nathan Witt notes, the minimum insurance in your state may be $10,000. The Avis renter decided to underinsure the rental. You decided not to purchase any collision insurance. If you cannot get payment from the DRIVER (not Avis) you likely have no recovery.
Why did you decide to drive around with $30,000 in automobiles and not insure them? Had you been in a single car accident with this loss you would have no recourse, as you probably have none now.
I do have to agree with weihlac - I have a $19,000 car and I have collision on it. I can't afford to replace it if I am hit by an uninsured driver. I absolutely need collision.
 
Sep 12, 2018
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#15
While I’m thinking about it, another note: States generally mandate a minimum per vehicle and per accident. If, to pull numbers out of thin air, your state mandates 10k per vehicle and 20k per accident, you may be able to argue that three vehicles were involved in the accident (your truck, the trailer, and the CTS), thereby getting more money out of them.