How long does the car insurance company have to provide me with a rental car after an accident deeming my car totaled? 13 Answers as of November 20, 2012I was in a car accident where my car was totaled out. The person that hit me accepted full liability for the accident and now I am being told by the insurance company that they will only pay for my rental until Friday. I sustained a lumbar sprain from the impact and my job requires me to have a vehicle. I do not have any money for another down payment as I just purchased the car that was totaled on 06/29/12. If I do not have a vehicle I cannot do my job which puts me at jeopardy of losing my job which is unfair because she was at fault. What are my legal options in dealing with the insurance company?
David F. Stoddard | David F. Stoddard
Normally, the company will provide a rental car until they make a settlement offer. Once they have made a settlement offer, they take the position that you should use the money to replace our car. Legally, there is some question as to whether they are required to provide a rental car at all when a car is totaled. Some case law states that a rental car must be provide for a reasonable time to repair the car, but if the car is totaled, there is no obligation for this.
Answer Applies to: South Carolina
Law Offices of Mark West | Mark West
Whose insurance company is telling you the rental ends Friday? Were you upside down on your car that was totalled? i.e. owed more than the value or more than you got for the total settlement? If this person had insurance, the liability portion should cover all loses caused by an accident, including loss of wages, rental (over and above rental allowance by your own insurance) bodily injury and pain and suffering. Your insurance could be paying for a rental, and they have a right to limit that to what you contracted for.
Answer Applies to: California
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Your insurance company will provide you a vehicle for as long as it says in your policy. Typically it's a dollar amount and time. For example, up to $900.00 in rental. Once that money is gone they will not pay anymore. This should give you sufficient time to get a replacement vehicle via your own insurance or from a person that struck you (if that happened). If it doesn't, you can rent a vehicle and pay on your own and then recover from the person you hit you (again, if that happened) the amount you paid for the rental. If no one struck you, you need to get a replacement vehicle before your rental policy is tapped or you will be paying out of pocket. Don't forget, you can always borrow a friend's car too. Good luck.
Answer Applies to: New York
E. Ray Critchett, LLC | Ray Critchett
Typically the liability insurance carrier will offer a rental car for a "reasonable time." If that time limit expires, I would suggest contacting your own insurance carrier to see if you have rental car coverage. Also, check to see if you purchased GAP coverage on the car that was totaled. There may be a few other options as well but those depend on a variety of other factors.
Answer Applies to: Ohio
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If your car is a total they owe the fair market value today, now. They should pay you today and you give the rental back. Has nothing to do with injury what is the problem about being paid the FMV today if they pay you FMV they do not owe you a rental any longer.
Answer Applies to: North Carolina