You are here:

Auto Insurance Claims/Liable insurance company rental requirement

Advertisement

Expert: - 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
Most companies will give you a few days of rental after they make a total loss settlement offer.  We typically allow 5 days at my company.  The law varies in each state as to strict requirements, but under the circumstances I think they should give you at least a few days.  If the adjuster refuses, ask to speak to the supervisor.  You can always file a complaint with the state insurance department if they refuse.

Auto Insurance Claims

All Answers

Answers by Expert:

Ask Experts

Volunteer

Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

©2012 About.com, a part of The New York Times Company. All rights reserved.