QUESTION
Is it true that when a vehicle is totalled the opposing insurance co is only responsible for 10 days of rental or only until payoff is made?
Asked on Aug 24th, 2011 on Automobile Accidents - Rhode Island
More details to this question:
Crash was not my fault. I do not (did not) have rental coverage w/ my ins co. I am told I can have a total of 10 days (they gave me 8) for rental by opposing ins co. Should I dispute this? I see no reason why ANYTHING resulting from this should cost me money.
1 ANSWER
My practice is based in Massachusetts, and we have no such policy in MA regarding a set number of days allowed. However, once the at fault party pays you the book value of your car, then its responsibility is over. I would suggest the company would have no obligation to pay for a rental after that. As far as the 10 days goes, I would call your own insurance agent and ask that question. It seems unfair to me. For example, if the at fault insurance company took 20 days to get you money for your car, I would argue you should be entitled to a rental car for the entire time.
Best of luck to you.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
sas@joelhschwartz.com
Answered on Sep 06th, 2011 at 3:56 PM