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My car was damaged on 6/13/2016. As a result it was totaled out around 6/28/2016. I was authorized to have a rental car until 7/18/2016 but I’m being charged for 11 of those days. The insurance company finally mailed my check to my finance company on 8/28/2016 I’ve had to pay for rentals the whole time although the person who hit me insurance assumed 100 responsibility for this accident. What legal actions can I take
Asked on September 10, 2016 under Accident Law, North Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
A BBB complaint will do nothing to get you reimbursement. If your insurer did not pay for a rental for as long as they should have, under the terms of your policy, you can sue them for breach of contract: for violating their contractual obligation under the policy to pay for your rental. If, however, your own insurance did not have rental coverage and/or your own insurer paid as much coverage as they were required to under the policy (an insurance policy is a contract: the insurer must provide that much coverage, and only that much, as the policy itself says they must), then your recourse would be to sue the at-fault driver (you sue the driver, not the insurer) for your-out-pocket rental costs; to get compensation, you'd have to prove in court that the other driver was at fault and that the duration and cost of rental was reasonable (the at-fault driver only needs to reimburse or pay reasonable costs; i.e. not a longer-than-reasonably necessary rental, or too-premium or expensive a rental).