If this happened in Washington state, you have a problem and here is why: The law in this state assumes that you have the money to purchase a replacement vehicle if yours has been declared to be a total loss. If the car has not been totaled, then the law allows you a reasonable amount of time within which to have the vehicle repaired. Insurance companies will take the position that they have to provide a rental if they are going to pay to have yours fixed, and they try to steer you to their "certified" auto repair shops so as to get your car fixed in a hurry and to cut off the need for a rental. On the other hand, if they are going to total the car, they want to issue you a check for the fair market value of the car as quick as they can so as to cut off the possible need for a rental car. (Some times they will allow a rental car for a very short period of time, and some insurers flat out won't pay for a rental if the vehicle has been "totaled". Demand a rental and see what they offer. Will an attorney pay for the rental? Our canons of ethics state that we can not pay for renting a potential client a car, so if your attorney says he will do so, ask him or her what canon of ethics says he or she can do that.
Answered on Jul 16th, 2013 at 10:18 PM