Rental car??
My car was hit while parked out front of my house. It is a total loss. So far the guys insurance has paid for my rental car. I got a call yesterday with the estimate of what they are going to give me for my car. They also informed me I only have the rental car for 3 more days!! Is it legal for them to take my rental before I get the check???? Shouldn't they have to pay for my rental until I receive the check to buy another car? I'm in Pennsylvania, USA.
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That would depend on what kind of coverage you have and what kind of insurance company you have as well as what kind of policy the other driver had.
Your car is a loss - you need another car AND you need to payoff the loan on your car, if any. With that said, your insurance company needs to ensure that the other insurance performs all of these procedures in a timely manner. If the car was paid off, your insurance company could give you a check for what your car was worth and can always collect that money from the other insurance company.
The obligation of insurance is to make you whole again. In this case, your car was totaled and you're driving a rental car. Your insurance agent should be able to keep you in the rental car until you purchase another car to replace the totaled car - ignore what the other insurance company is telling you; they should be talking with your insurance company not with you.
I'd call your insurance agent and let them deal with his insurance company. If I was you, I'd have them insist the repairs be done by them and they cover your rental until the repairs are complete.
Also, if you have a loan on your car, the lien holder will have to sign off on any agreements reached regarding their interest in the car.