Expert: Bennie719 - 11/30/2007

Question
I was in an accident and the other party was at fault. The other party's insurance got me a rental car but I was never told when I needed to return it. I received a check and returned the car the day my funds were made available to me by my bank. When I dropped off the car I was told that I would be charged for all days following the date of the settlement. They said they were going to place my account on hold an not charge me until they spoke with the insurance co. and advised me to call as well. What are my rights in this situation?

Answer
Hi Ms TSS,
It is normal and standard that the rental coverage ceases the day that you sign the release and accept the insurance draft.  At your request, most companies will allow an extra 2 - 3 days coverage so you will have transportation while searching for a replacement car.
It is also normal and standard that you be made verbally
aware of these conditions at the time you sign the settlement agreement.
Since most banks put a 5 day hold on an insurance draft, I am assuming that you kept the rental car for at least an extra 6-7 days.
You need to call the adjuster on Friday and discuss this issue with him/her.  
The adjustor may state that he/she informed you to return the car the following morning or may state oops!, I goofed and offer to pick up all or at least 50% of the extra days of rental.  Since the date of return or any extra extension of the rental period is something that is done verbally, I see no legal recourse if he/she states that you were told to return the rental the following morning.
Your recourse would be to talk to the adjusters supervisor and convince him/her to cover the extra rental time.
I hope this is of help, please write again if I can be of more assistance.
Sincerely,
Bennie
San Francisco Bay Area 11-30-07 12:04 AM PST