Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 21, 2012

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Insurance Question from Knightsville, SC

Asked on 05/21/2012

Can the at fault driver insurance company just stop paying for a rental even though we have no other means of transportation? The insurance company has told us to return the rental car even though we have not found another way to get around. Are they not entitled to allow us some more time to find another vehicle? My husband is missing work and all based on their decision. Please help!! Thank you...

Answer given on May 29, 2012

If your car is damaged in an auto accident and the other driver was at fault, the other insurance company needs to allow you a rental car while your car is being repaired. Once repaired, you shouldn’t need a rental car any longer.If your car was totaled in an accident caused by another driver, the insurance company will pay for a rental car until a settlement is made for the value of your car. Once they have paid you for your car they no longer owe you for a rental car. Usually they will give a day or two from the settlement date to allow you to find a car, but that is not required. It is expected that you have been searching for a replacement car while you have been using the rental car, since you were aware that your car was a total loss. If you have not found a replacement car, you can pay for the rental car for the extended time, but the insurance company will not.


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