Can my insurance company make me turn my rental in just because they have total my car?

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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: Dec 28, 2017

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Insurance Question from Asheville, NC

Asked on 12/28/2017

Can my insurance company make me turn my rental in just because they have total my car? I was in a wreck 12-12-2017 my insurance company got me in a rental because I have rental insurance. They are telling me now I have to return the rental because my car was a total lost. I still have more than enough coverage left on my policy. Do I have to turn the car in even tho I have not been paid to replace my car?

Answer given on December 30, 2017

If you have a rental car because your car was damaged in an accident, the insurance company does not have to continue to provide the rental car if a settlement has been reached on the total loss amount regardless of the amount of time shown as available for a rental car.

The company does need to send you a check or deliver it to you in a reasonable amount of time, but they do not have to continue to provide a rental car while you try to find a replacement car.  Their responsibility ends with the settlement for the car.  Ask when you will receive the check for the value of your car, or ask if you can pick it up.  Then you will have to pay for the rental car yourself if you intend to keep the car while looking for a replacement. If you choose to do so, let the rental car company know as they will need to change the billing for the car. Sometimes you may be able to get a reduced rate.


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