Expert: Justin Petty - 1/22/2012

Question
If the other party's insurance company takes full responsibility for the accident are they legally obligated to pay for my transportation until I receive the money for the totaled vehicle?

My car was rear ended on January 10, 2012  during 5:00 PM traffic while coming to a stop, causing my vehicle to slam into another vehicle. The other parties insurance company was deem liable according to the police report. However the other parties insurance  responsible didn't accept liability until 7 days later. I was without a vehicle during this time. Upon the seventh day and numerous phone calls later the liable parties insurance accepted liability for the accident, and granted me a rental vehicle. Five days later my vehicle was deem totaled and I was told I had to return the rental regardless of whether I had a mode of transportation or not. I have mailed out my title to receive my settlement check of $140 for the week without a rental and $4,700 for the totaled vehicle. I have yet to receive either settlement.

Answer
Short answer, no.

Unfortunately, if your vehicle is totaled, then in most States a liability carrier is not required to provide you with a rental car, even if they haven't paid you for your vehicle yet.  It might be beneficial for you to look up "mitigation".  When you wonder what to do, the best advice I can give is to pretend you are 100% sure insurance is not going to pay anything, and then ask yourself what would you do.

I'm sorry I couldn't give you better news, but I hope this helps.