Expert: Ron Cercone - 5/30/2010

Question
I have often heard that the liable carrier owes innocent party a reasonable rental... in the case of a Total Loss that would end 3-5 days after they make you the Total Loss offer... the additional days are for you to find a replacement vehicle.

In this case, the innocent party suffered a DWI Hit & Run carrier for its insured, assumed liability based on a clear police report, where PO found insured DWI and captured him after fleeing the scene.

The victim, aside from PI, was given a rental vehicle, however when a settlement offer was given it was based on CC One fraudulent/misrepresentations of same vehicle based on vehicles data sheet claimed were based upon. Victim called each dealer and each one informed them that they did not even deal in fords, but in Acuras and Hondas. Hence victim rejected offer, and now carrier has not paid the rental vehicle and rental co removed it from vic's property.

Where is the authority that carrier must provide rental when liable as quoted above? TY

Answer
Cbruno,

The "authority" is whatever you would be reasonably likely to recover in a lawsuit or in court if it went that far. Now if the value of the car was lowballed by CCC, then IMO you are entitled to a rental car for as long as it takes the insurer, or CCC to come up with a reasonable or fair settlement valuation. Consider the eBook on Total Loss Auto for Claiments at UClaim.com to get a fair settlement.