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Auto Insurance Claims/Total loss - Rental Car


The rental car I was driving was totaled in Georgia.  My insurance covers the car but a subrogation firm is trying to bill for 30 days of loss of use.  My insurer will not pay without documentation which the firm says it does not have to provide.   Is the claim for loss of use applicable only to repair situations, not total loss?  Can they bill me directly without any documentation?  The firm is also threatening not to sign the insurance company's release from all charges unless I pay out of pocked for undocumented loss of use.  What recourse do I have?

Subrogation is where an insurer tries to recover what it paid one party from another party that is legally responsible for damages. In my opinion you nor your insurer would not owe for loss of use since rental companies usually have other cars available to rent out. And you are not legally liable until and if they get a judgement against you in court, probably small claims court. Just my opinion.

Ron Cercone

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Ron Cercone


How to handle automobile total loss claims. I am the president of, which sells 29 different eBooks I have written on how to maximize various types of auto, home and business claims and how to get coverage on denied claims. You may view their tables of contents online. Also available are very specialized eBooks such as on EUO (Examination Under Oath) for example. Also available is an assortment of policy forms used by the most popular insurers. The eBooks have a money back guarantee and currently include personal consultation with Ron Cercone.


I have been adjusting insurance claims since 1980. 1980 to 1995 adjusting for many insurers (6 years as an independent adjuster with my own company). Currently working as a public adjuster in California, since 1995. I'm one of the few public adjusters who has handled automobile damage and total loss claims.

CAPIA (California Association of Public Adjusters).

BA 1975 in History and Industrial Arts. Full CV at .

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