Delayed insurance settlement $, how long do they have to pay?
April 23, 2024 11:25 AM Subscribe
I listed my car on the Getaround car sharing platform, and someone totaled it. Getaround sent it to their claims adjuster and they determined the amount they will reimburse me. This is fine, but it's been 6 weeks with no $. Getaround has not given me an ETA for payment. They are headquartered in San Francisco, California. How do I determine how much time they have, legally speaking, to pay me?
Note: when a renter using Getaround crashes your car, Getaround's insurance kicks in. I have zero liability.
Note: when a renter using Getaround crashes your car, Getaround's insurance kicks in. I have zero liability.
Response by poster: @seculaorum: Not sure. It's as long as a EULA and may or may not indicate what to expect. But even if it said 'we can take a year to pay you', I'd still pursue legal action via CA Attorney General or other approach because 1 year is BS.
posted by 4midori at 4:18 PM on April 23
posted by 4midori at 4:18 PM on April 23
Best answer: I am a lawyer, but I am not your lawyer. I don't have all of the information I would need to provide you legal advice, and this is an inappropriate forum for providing such advice. This is not legal advice, but rather a conversation about the law, generally.
If you are protected by Getaround's insurance, either via the EULA or the insurance policy, then that likely governs this situation. Based on your description above, it sounds like you are an insured party, and Getaround's insurance company is your insurance company. It sounds like you are either a named insured or an additional insured.
If this is true, it means that they owe you specific duties, fiduciary duties, requiring the insurance company to act in your best interests.
How did they tell you that they determined an amount owed to you? I would respond to that correspondence in a way that includes their language (i.e., reply to the email they sent you), and say that their delay in making this payment is causing you damages, because you are unable to use your car/storage fees. Ask for an immediate response, and request a firm date for the payment to be delivered.
If that date comes and no money is provided, or they fail to respond, I would inform the determent of insurance in your state. It may be called something else; in California, it is the California Department of Insurance. They will be able to help you resolve this issue.
Good luck!
posted by China Grover at 4:52 PM on April 23 [3 favorites]
If you are protected by Getaround's insurance, either via the EULA or the insurance policy, then that likely governs this situation. Based on your description above, it sounds like you are an insured party, and Getaround's insurance company is your insurance company. It sounds like you are either a named insured or an additional insured.
If this is true, it means that they owe you specific duties, fiduciary duties, requiring the insurance company to act in your best interests.
How did they tell you that they determined an amount owed to you? I would respond to that correspondence in a way that includes their language (i.e., reply to the email they sent you), and say that their delay in making this payment is causing you damages, because you are unable to use your car/storage fees. Ask for an immediate response, and request a firm date for the payment to be delivered.
If that date comes and no money is provided, or they fail to respond, I would inform the determent of insurance in your state. It may be called something else; in California, it is the California Department of Insurance. They will be able to help you resolve this issue.
Good luck!
posted by China Grover at 4:52 PM on April 23 [3 favorites]
Also, to respond to your follow up to saeclorum, if you do have a separate agreement, then that is the governing document. Irrespective of their duties to you I laid out above, the agreement now becomes the most important document.
You are an adult (presumably; you may be a cat). If that agreement sets forth the terms (time period of payment, amount of payment, et cetera), then THOSE ARE THE TERMS. You agreed to them. If it says you get paid in a year, then you cannot sue (well, you can, but you will lose and it will be expensive for you, because dollars to donuts it includes a clause that says that the loser will have to pay the winner's fees, and then you will have to pay for two lawyers -- yours and theirs, because you will lose) unless they fail to comply with the agreement.
So however long that document is, it's time to sit down with a ruler and a colored pencil, read it slowly and line by line, and figure out what it says.
posted by China Grover at 4:59 PM on April 23 [4 favorites]
You are an adult (presumably; you may be a cat). If that agreement sets forth the terms (time period of payment, amount of payment, et cetera), then THOSE ARE THE TERMS. You agreed to them. If it says you get paid in a year, then you cannot sue (well, you can, but you will lose and it will be expensive for you, because dollars to donuts it includes a clause that says that the loser will have to pay the winner's fees, and then you will have to pay for two lawyers -- yours and theirs, because you will lose) unless they fail to comply with the agreement.
So however long that document is, it's time to sit down with a ruler and a colored pencil, read it slowly and line by line, and figure out what it says.
posted by China Grover at 4:59 PM on April 23 [4 favorites]
The Dept. of Insurance will be part of the Attorney General's office. Give one or both offices a call. The company's behavior is unreasonable, attention from the AG may assist them with being reasonable. If not, consider asking a lawyer to write a demand letter. Yes, there are contracts, but squeaky wheel, etc. is often effective.
The company does not appear to be in financial difficulty, has reasonable reviews. I googled is Getaround car sharing legit and got "Getaround is currently rated 3.8/5 on TrustPilot and has a 1.24/5 rating on the Better Business Bureau website." So I think being persistent is the way to go. They started a restructuring and layoffs in Feb., and may have a backlog.
posted by theora55 at 5:54 PM on April 23
The company does not appear to be in financial difficulty, has reasonable reviews. I googled is Getaround car sharing legit and got "Getaround is currently rated 3.8/5 on TrustPilot and has a 1.24/5 rating on the Better Business Bureau website." So I think being persistent is the way to go. They started a restructuring and layoffs in Feb., and may have a backlog.
posted by theora55 at 5:54 PM on April 23
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posted by saeculorum at 1:08 PM on April 23