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?
Update:I'm in Pennsylvania, USA
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In my experience it is best to get a lawyer and have the lawyer deal with the insurance company. You generally will get much more from the insurance company (like you should) with a lawyer handling the case.
I don't know that it is necessarily illegal for them to put a time limit on paying for a rental, I believe it is a courtesy and at their discretion. Again I would get a lawyer and ask him/her.
Not necessarily.
Policies of insurance companies vary greatly, but there is no "law" stating that they have to provide you with a rental until you recieve your check. If their policy is only a few days, then that's it. You can keep the rental for as long as you wish, but anything past what they authorize, you have to pay for it yourself.
You should have your check within 3 days. Getting a check from them usually doesn't take very long. When they called you to give you the estimate of what your car was worth, they probably sent it out that same day, and you should have it within those 3 days.
First off, is the check in an acceptable amount to represent replacement value of the totaled vehicle?
Second, I would think that they would have to continue paying for the rental until you receive the check. Give your local Legal Aid office a call as each state is going to be a little different.
Some insurance companies will try to cheat you out of all sorts of things.
Many will not even pay for a rental car for you to use while waiting on resolution of your wrecked car being replaced.
Many will take forever to pay you what you are due.
You should first work with YOUR insurance company to have them try to get better and faster resolution, then if that is unsatisfactory, consider getting an attorney.
Warning, an attorney can be very expensive.
Cost of attorney will have to come out of that check you do not have yet.
Call a lawyer. You may have rental car coverage under your own policy. If he doesnt pay you what your car is worth, you can sue him. Also call the police and demand that they charge this guy with some vehicle and traffic violations. Its not normal to run into a parked car and total it. Was he drunk? If so, call the prosecutors' office and demand that they get the court to order restitution. If he doesnt pay then he goes to jail. Good luck.
definitely at least until u get the check