Insurance issue with TD

[streethondas]

Hello everyone.

I need some help from you guys, my brother got into a accident earlier this year around April, he was t boned at a intersection. The pick up truck was towed to country hills toyota, after going back and forth with td insurance they kept saying it was brothers fault, after they received the police report they gave country hills the go ahead to fix the truck, without even letting him now.

I get a random call from toyota to come pick up the truck as my brother was outta of country.. I notice the brake paddle doesn't feel the same and the truck jerks when you come to stop. (Over 12k in damage, all brake lines and rear suspension/assembly changed) take the truck back to Toyota and they say the rear drive shaft needs to be changed aswell and that they will contact td insurance to get approval. (My brother is with rbc and has 3rd party coverage)
He has tried to contact td several times and they refuse to give him money for the rental car and on top of that budget is blaming him for damage that wasn't caused by him on the rental car. Now the adjuster won't answer at td and they even refused toyota to fix the drive shaft.

Now what are his options?
Total so far he has paid or has to pay.
-Rental charges $350
- Budget want $1200 for the damage
- brakes fix plus drive shaft is probably well over 3k

Thanks

[FraserB]

There will be an inspection report from Budget when he picked up the car, if it's shown on that, then he's not responsible. If he didn't sign the inspection or do it, then he's hooped.

As for the rest of it, he's going to need to get a lawyer.

What year of truck don't you get full coverage on, but goes to the dealership and gets $12k+ worth of damage fixed without being written off?

[avishal26]

Originally posted by streethondas

........

they will contact td insurance to get approval. (My brother is with rbc and has 3rd party coverage)
......


What? How does RBC fit into this?

And I thought you said your brother is out of the country - did he rent the car before he went out of the country ... after the accident back in April?

If your insurance policy says you have rental car provided upon 'loss of use', then you should get a rental car provided - TD can't just say no without telling you why. So what did they say?

Also, I would be more worried about TD claiming it was your brother's fault (the accident) if there is evidence otherwise - it will affect future premiums

[xnvy]

Originally posted by FraserB
What year of truck don't you get full coverage on, but goes to the dealership and gets $12k+ worth of damage fixed without being written off? I think it was a new brown/red Tundra?

That sucks, it was a nice truck. At least is wasn't the V-Spec.

[FraserB]

Originally posted by avishal26


What? How does RBC fit into this?

And I thought you said your brother is out of the country - did he rent the car before he went out of the country ... after the accident back in April?

If your insurance policy says you have rental car provided upon 'loss of use', then you should get a rental car provided - TD can't just say no without telling you why. So what did they say?

Also, I would be more worried about TD claiming it was your brother's fault (the accident) if there is evidence otherwise - it will affect future premiums

Sounds like his brother in under-insured and TD is the other party's provider. So RBC wouldn't get involved and he would need to deal directly with TD.

[rage2]

His brother is with RBC 3rd party. TD is probably the insurer of the other guy that hit his car. Since he has only 3rd party, his insurer won't deal with any of this crap, and he has to deal with the other guy's insurance (TD) directly.

If he's 3rd party with RBC he wouldn't have loss of use, and TD is not obliged to give him a rental car, so he's out on his own for the rental. The rental damage is between him and Budget. Nothing to do with TD.

The further damage will need to be looked at by an appraiser to confirm it was from that accident, and paid for to get repaired once it's been confirmed that it's from the accident. Looks like Toyota is taking care of that for him.

edit - re-read and noticed that driveshaft repair was rejected and he's out on his own. Yea, dunno what to say, it's a PITA to deal with this shit on your own. That's what comprehensive is for, even when it's the other party's fault.

[streethondas]

Rage is right, but at the time Td gave him the go ahead to get a rental, but the real issue is the adjuster won't even answer or bother to call back, I will have my brother look at the inspection sheet because I don't think the damage was marked on it.

It's a 08 toyota tacoma and I was surpised that they fixed it instead of write off.

Also any good lawyers you guys recommend?

[rage2]

I'm surprised TD gave a go-ahead for a rental. They are not obligated to pay for a rental unless the other person has loss of use. I don't think you can buy loss of use without comprehensive, but I could be wrong here.

[Mitsu3000gt]

How do rental car companies charge for damage when they don't do a walk around anymore and have you sign off agreeing to pre-existing damage?

There would be absolutely no way to prove you did anything with the exception of full on accidents.

Every single time I have rented a car in the last 5 years or so, they just go through their spiel about how badly you need their insurance, flat tire coverage, and the rest of the BS everyone declines, then hand you the keys. I've never had a walk around upon return, either. I've used multiple companies in multiple states, all the same.

[rage2]

I have to do the walkaround myself when picking up the car, then point it to the clerk for a quick walkaround and mark the sheet as I leave the secured lot. Returning the car, I've always had a clerk walkaround to look for damages, and check fuel levels, where they issue a return receipt with all the details. Once you have that receipt, you're in the clear.

Where the hell are you renting cars where this doesn't happen? haha

Here's the last place I rented from:

http://goo.gl/maps/IzF4a

You can see the 15 lanes of returns right in the middle, where you have to wait for an attendant to grab keys and do the walkaround to get your receipt.

At the top you see the exit, where you have to wait for an attendant to walkaround before pressing the button to retract the tire blowout claws.

Every province and state I've been to in the last couple of years has the same setup (primarily at Budget and Hertz).

[Mitsu3000gt]

I've done several car rentals recently from Dollar, National, Hertz, and Alamo. The clerk does not come with me to the cars (they are usually in some lot a few minutes walk from the counter, especially in airports) and there is no pre or post walk around. On return, they scan the windshield, check the gas, and send me on my way. I've never signed anything that included a diagram of the car with marked damage.

This was in Florida, California, Maui, Kauai, and Hawaii. All the same. I forget which company, but in Kauai, they just leave all the keys in the car, told us to go to the lot, and "pick one" haha. I realize they are probably more lax than normal, but it doesn't explain Florida and California.

Even if they do a post rental walk around though, they never do one before, so anything they find in post is irrelevant.

[94boosted]

^ i rented from Thrifty recently and the guy just gave me the keys to the car, no walkaround. I asked if we could do one and he reluctantly gave me the clipboard with the form on it and said to do it myself lol, also didn't do one after returning the vehicle :dunno:

[rage2]

Originally posted by Mitsu3000gt
I've done several car rentals recently from Dollar, National, Hertz, and Alamo. The clerk does not come with me to the cars (they are usually in some lot a few minutes walk from the counter, especially in airports) and there is no pre or post walk around. On return, they scan the windshield, check the gas, and send me on my way. I've never signed anything that included a diagram of the car with marked damage.

This was in Florida, California, Maui, Kauai, and Hawaii. All the same. I forget which company, but in Kauai, they just leave all the keys in the car, told us to go to the lot, and "pick one" haha. I realize they are probably more lax than normal, but it doesn't explain Florida and California.

Even if they do a post rental walk around though, they never do one before, so anything they find in post is irrelevant.
That's really bizarre. I know when I rent a Mercedes at Hertz the pre and post inspection is even more up close and personal.

Just remembered the only place where I don't have a pre-post inspection is at Budget in Kamloops airport. It's not even staff'd half the time, and we just drop the keys off in their drop off box. Always feel sketch doing that as there's no post inspection. The pre inspection is always done by myself, I mark all the crap myself, go back in, and they just blindly sign off on it.

[Masked Bandit]

If they pumped $12,000 into repairs then I'm guessing the truck is worth at least $16,000 - $18,000. So you're brother was driving a $16,000+ vehicle with liability only? He's kind of pooched himself here. If he would have had proper coverage, none of this would be an issue. However...

As for the TD adjuster not returning calls, it's not uncommon to take three or four days. If after a couple of attempts, escalate to a manager / supervisor. In the end though, because your brother is not a TD client, they don't really care if you're happy or not.

One small correction on what Rage posted, even though your brother only had PLPD (no collision / comprehensive / loss of use), if TD is accepting liability then they will indeed cover the rental car expense for the duration of repairs. However they WILL NOT cover the cost of insurance on the rental car, that would be your brother's responsibility. Normally if he had full coverage, the SEF27 would extend to take care of the insurance on the rental car.

[Masked Bandit]

Originally posted by rage2
His brother is with RBC 3rd party. TD is probably the insurer of the other guy that hit his car. Since he has only 3rd party, his insurer won't deal with any of this crap, and he has to deal with the other guy's insurance (TD) directly.

If he's 3rd party with RBC he wouldn't have loss of use, and TD is not obliged to give him a rental car, so he's out on his own for the rental. The rental damage is between him and Budget. Nothing to do with TD.

The further damage will need to be looked at by an appraiser to confirm it was from that accident, and paid for to get repaired once it's been confirmed that it's from the accident. Looks like Toyota is taking care of that for him.

edit - re-read and noticed that driveshaft repair was rejected and he's out on his own. Yea, dunno what to say, it's a PITA to deal with this shit on your own. That's what comprehensive is for, even when it's the other party's fault.

If you're going to answer the questions correctly (mostly), the least you could do is offer to come work for us eh! :D

[rage2]

I doubt I'll be able to handle all the pissed off people after a hail storm.

[Mitsu3000gt]

Originally posted by rage2

That's really bizarre. I know when I rent a Mercedes at Hertz the pre and post inspection is even more up close and personal.

Just remembered the only place where I don't have a pre-post inspection is at Budget in Kamloops airport. It's not even staff'd half the time, and we just drop the keys off in their drop off box. Always feel sketch doing that as there's no post inspection. The pre inspection is always done by myself, I mark all the crap myself, go back in, and they just blindly sign off on it.

Maybe it's because you're renting a Benz :rofl:

The POS cars I rent, they probably don't care about. Usually an econobox or Charger or Fusion. Or maybe the employees just don't care since it doesn't affect them.

That's a good idea marking all your own damage though.

[Masked Bandit]

Originally posted by rage2
I doubt I'll be able to handle all the pissed off people after a hail storm.

The office liquor cabinet seems to be going through a lot of stock lately. Perhaps those two items are connected?

[kenny]

Originally posted by rage2
I have to do the walkaround myself when picking up the car, then point it to the clerk for a quick walkaround and mark the sheet as I leave the secured lot. Returning the car, I've always had a clerk walkaround to look for damages, and check fuel levels, where they issue a return receipt with all the details. Once you have that receipt, you're in the clear.

Where the hell are you renting cars where this doesn't happen? haha

I've never done a pre/post inspection either. I've rented around 10 cars in the past couple years with budget, thrifty and alamo here in Calgary, SFO, Honolulu and Maui. I've never done a pre or post inspection, but I've also never rented a Mercedes.

At Thrifty's I show up and my name is on the TV screen telling me which spot my car is parked in. I grab the keys/forms off the windshield, throw my shit inside and leave. When I drop off the car I get my stuff out and tell the guy/gal what the mileage is, they write it down (sometimes they confirm) and ask if I want a receipt. They never check the car for damages.

At Budget and Alamo, it's quite similar except I have to approach the counter so they can try to sell me their crap. They then give me keys and tell me where the car is.

Luckily I've also never had to worry about damage to vehicles haha.

[never]

Originally posted by Masked Bandit


The office liquor cabinet seems to be going through a lot of stock lately. Perhaps those two items are connected?

That explains why your quotes were so cheap!

[revelations]

Originally posted by Masked Bandit


The office liquor cabinet seems to be going through a lot of stock lately. Perhaps those two items are connected?

There is a sign of a company I would work for .... :D

But seriously OP, my impressions are that your brother brought a lot of this on himself by trying to cut corners.

For a lawyer to get involved - unless youre going to sue for anguish/suffering etc., you will likely end up paying insane legal fees and lose in the end that way.

Whats wierd is they also tried to blame the accident on him?

[streethondas]

Originally posted by revelations


There is a sign of a company I would work for .... :D

But seriously OP, my impressions are that your brother brought a lot of this on himself by trying to cut corners.

For a lawyer to get involved - unless youre going to sue for anguish/suffering etc., you will likely end up paying insane legal fees and lose in the end that way.

Whats wierd is they also tried to blame the accident on him?

Funny how you say he brought this on himself? Just because he had 3rd party insurance how is that cutting corners? Yah the chick that t boned him tried to make a fake story and bring in a fake witness for a statement a week after the accident.... They shouldn't have fixed the truck in the first place but fixing the truck proves their client is at fault.

The rental thing was, my brother called td they said yah go rent it and we will pay for it, he rented a truck for a week from budget and they didn't do a walk through. When he went to return it they first pointed out that the windsheild had a rock chip and then he went to the rear and the tail gate had a dent aswell. So they tried to put both of those things on him but they dropped the rock chip because they saw that it was marked previously that they missed.. They still want him to pay the tail gate damage which wasn't caused by my brother.

Once the budget rental was returned, Td then booked a van at enterprise for him for about 2 weeks. That rental was covered by td..

[FraserB]

Does he actually have anything is writing from TD authorizing the first rental?

He brought a lot of this on himself by making the choice to drive a newer vehicle that was underinsured, he decided that it was better to save money than to have protection in cases like this. The TD and car rental problems go away if he does a miniscule amount of work before hand, like literally 5 minutes. Ask the TD rep for an email authorizing the first rental and do a walkaround of the car before leaving with it.

[pheoxs]

There's definitely a lot more to this story than you are posting.

If he was found at fault then his truck wouldn't be getting fixed, secondly TD and RBC are not in any way responsible for any damages to a rental vehicle. He needs to deal with the rental company directly for that and it's his own problem.

Did TD actually authorize and set up a rental in the first place? Or did he just assume they should pay for it and got one...

[Masked Bandit]

Originally posted by pheoxs
There's definitely a lot more to this story than you are posting.

If he was found at fault then his truck wouldn't be getting fixed, secondly TD and RBC are not in any way responsible for any damages to a rental vehicle. He needs to deal with the rental company directly for that and it's his own problem.

Did TD actually authorize and set up a rental in the first place? Or did he just assume they should pay for it and got one...

I think at first TD was denying liability but when they got a copy of the police report they changed their position.