3rd. Party Rental

    Posted by MAIA on Sep 2, 2019 12:01:00 AM

    QUESTION

    This question was answered based upon current rules, regulations & statutes in effect on June 10, 2019

    I have an insured that was involved in an accident. The other party has admitted liability. My insured does not have rental and wants to collect from the other insurance. Can they deny paying the rental? They are claiming if he does not put the entire claim through them, they are not paying for the rental. MY insured prefers to go through his company for the Collision damage.
    Thanks for your time.

    ANSWER

    Irene Morrill:  I don’t see where they have the right to do this.  Your insured can inform them that they intend to file a consumer complaint so that the MA DOI sees their unfair trade practice

    They can always bring this to small claims court …or threaten to … and maybe even a 93A unfair claims practice issue in small claims.

    Seems like “strong arm tactics.”  I don’t know who the company is …but I’d watch out if it is one that makes you go to certain repair shops.

     This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

    Topics: 2018

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