Auto Insurance Claims Vs Small Claims Court

[Anaya]

This weekend our Honda Element was struck while in the parking lot of a local restaurant here in San Antonio, Texas. We were not inside the automobile, but I did witness the accident and had the sense to remember the license plate before the driver fled the scene. We called police and 2 hours later they showed up, took the license plate number down and quickly tracked down the teenage driver who stuck our car and ran.

Now, we heard from the drivers insurance company(USAA) later that night, but on speaking with them on Monday were told they would only provide a rental car for the full time the car is being serviced if we use one of their "pre-approved" repair shops. They *will* pay for a Honda dealership to fix the car, but they will *not* offer a rental for the duration of the repairs if we use them. This is clearly unacceptable to us as we are a one car family and plan to sell the car later so we want only Honda to touch it. In addition, in a previous accident years ago, my wife was compensated for the day she had to take off to have the repairs done. When we inquired about this they told us essentially we would have to take a vacation day or do it on a weekend, and they would not pay for the time. This has upset me enough(the driver running) that we are considering just filing against the driver in small claims court for the following:

1.) We want a rental car for the duration of repairs at our Honda dealership.

2.) We want anytime off my wife has to take off work for these repairs to be compensated.

3.) We want compensation for the two hours we spent with screaming children waiting for the police to take our report after the driver fled.

My question is, considering the driver fled the scene and was ticket for doing so, would a small claims Judge look favorably upon the above requests or should we just surrender and use who they tell us to in order to get the rental. I have no problem filing in small claims court.

[Hadyn]

Hi Rob,

I totally understand your frustration.  Unfortunately, Insurance Law doesn't make any considerations for  payment of your inconvenience.  You will not be able to recover

inconvenience from USAA nor in small claims  court.

It appears that you have three choices in this matter, let USAA repair the car at their 'preferred' facility and  have full term rental coverage.

If the damage exceeds your deductible, have your own company repair your car at Honda(less your deductible, which will be returned when they recover from USAA), pay the necessary car rental 'out of pocket' and then file small claims court action against the owner & driver for the car rental.  When you win in court, USAA will be required to pay you the amount of judgement rendered plus any and all court fees.

Please keep in mind that Texas allows an Attorney in small

claims court, so you would be presenting your own case to the Justice Of The Peace or a Judge, an Attorney from USAA would presenting the defense case for the other Owner and Driver. If the damage is less than your deductible, pay the full amount of repairs and rental 'out of pocket' and file small claims court action for total reimbursement.

I hope this has  been of help.

Your feedback by rating my answer will be appreciated.

Sincerely,

Bennie

San Francisco Bay Area 11-13-07 4:31 PM PST