Another driver's fault totaled daughter's car, what should we do? 2 Answers as of November 10, 2017

She's only paying for rental car for 30 days.

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Randy Ligh | Randy Ligh
Contact a lawyer to assist you. You may be entitled to a rental car for a period longer than 30 days, however you do have the responsibility to mitigate your damages and to obtain another vehicle if you so choose. It d epends on the facts and circumstances.
Answer Applies to: Louisiana
Replied: 11/10/2017
Joel H. Schwartz, P.C.
Joel H. Schwartz, P.C. | Steven A. Schwartz
If the car is totaled and the fault of another driver, that at fault driver's policy should pay for the book value of your daughter's car. If you have collision insurance, then you can go through your own policy if you wish. As for rental, your daughter may have 30 days rental on her insurance and that is all they are obligated to pay. However, the at fault party could be responsible for payment of a rental instead. You are entitled to rent a vehicle similar to the one you were driving. Keep in mind, however, that once you receive the damage check for your car, you must then return the rental immediately or else you may be responsible for additional days on the rental.
Answer Applies to: Massachusetts
Replied: 11/9/2017
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