Insurance and rental cars what are the victims rights in louisiana?

truck was totaled. they were at fault. trucks bluebook is 25k. insurance says they max at 15k. they also want to take the price of the rental car and towing out of the 15k. so they want to pay out 12k. felling pretty screwed.......Insurance and rental cars what are the victims rights in louisiana?
If this is not your insurance, they owe the ACV of the vehicle, not the KBB, sorry. Unless LA has some strange unknown Loss of Use law no one knows about, this is a seperate from the total loss (unless you were in the rental longer than what is reasonable or racked up unreasonable fees) and they can't deduct this from your property damage. Are you sure you didn't misunderstand something?Insurance and rental cars what are the victims rights in louisiana?
I realize Louisianna is in a world of it's own when it comes to insurance laws and regulations but I have NEVER heard of rental and towing being deducted from the value of the car. And who ever heard of $3000 worth of rental and towing? I think you have misunderstood something. It's possible that the ACV of your vehicle is only 15k BEFORE deductions for high mileage, lack of options and prior condition. I wish people would stop using KBB to try and determine values -- I don't know of a single insurance company that uses it for baseline pricing. KBB is designed for used car salesmen and the values are really not in line with actual cash value. If you feel you are being screwed then call the claims adjuster back and ask for a detailed explaination as to how they arrived at their pricing. They are obliged to answer your questions until you get a satisfactory answer or you understand what's going on. Hint: try and locate some trucks in your area that are for sale and are as near mileage, options and condition as yours. List the locations and phone numbers (and prices) and come up with a mean average. Many times this is all it takes to convince a claims person to up the offer -- (all they are looking for is data to convince THEIR boss..) Be warned, the value of an automobile is what it is and if they are offering you market value then no amount of crying, screaming or threats of a lawyer will make any difference.
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What you've got here is a Policy Limits issue. The other driver was only insured up to $15,000 for Property Damage. Under no circumstances will their insurance pay more then that. THAT'S why it sounds like they're trying to low-ball you.





You have three options for proceeding, none of them perfect.


1. Accept their settlement. You'll be getting paid less that you're owed. If you can accept that, then it's pretty easy to settle.


2. Make a claim under your Collision coverage. If you have Collision insurance, your policy has no limit. Your insurer will pay you the entire amount you are due. They will withhold your deductible from the settlement, though. After they pay you, they send the bill to the other driver's insurance. They other driver's insurer will send your company their $15,000 policy limit. Your insurer will then rebate your deductible to you in proportion to what they got back from the other company (e.g., if they pay you $25,000 and get $15,000 back, they collected 60% so you get 60% of your deductible).


3. Hire an attorney and sue the other driver. The court will determine what you're owed. Their insurance will cover the first $15,000 of costs, and they will be personally responsible for the rest.





It sounds like you don't have Rental coverage. If you do, make sure your insurer pays you, even if you don't use it. If you have to get a rental through the other company, that IS part of the Property Damage coverage and will be deducted from their $15,000 policy limits. Also, the other insurer is only liable for your rental costs until the make you a settlement OFFER, regardless of whether or not you accept it.