I was getting off the freeway and a vehicle ran a red light and hit my vehicle they deemed my car a total loss and initially they got me a rental car for 3 days but on the second day they withdrew the payments they were going to pay for the rental car for

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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: Aug 10, 2017

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Insurance Question from Casa Blanca, CA

Asked on 08/10/2017

I was getting off the freeway and a vehicle ran a red light and hit my vehicle they deemed my car a total loss and initially they got me a rental car for 3 days but on the second day they withdrew the payments they were going to pay for the rental car for the car accident was 100% the other person's fault I'm without a car her policy doesn't cover the total what my car is worth and they backed out of paying for the rental car now I'm stuck with that payment also can they cancel the rental car on me like that and not pay me what my car is worth because now I don't have a car I have a bank I have to pay back for financing you the car that I no longer have they won't pay for a rental and my insurance company I guess canceled Me 2 days before the lady hit me yet my insurance company took my payment the day of the accident that morning but now won't cover me or rewrite my policy for the payment they took would have covered me for that month that current month can my insurance company take my payment and not cover me I can there and the other person's company give me less than what my car is worth and not pay for a rental car and then you I mean time when it was nothing none of it was my

Answer given on August 13, 2017

If you were struck by another driver, that driver’s insurance company must pay the actual cash value of your car if they deem it to be a total loss. They do need to provide you with a rental car, but only until they have issued a check for the value of your car.  The value is based on local pricing of a similar car or they use a Blue Book or Gold Book as the valuation.  If you disagree, you need to provide proof of a higher value of your car.  Since your insurance company is declining coverage for the accident due to a late payment, you will have to work with the other insurance company.

You can try to talk to your insurance company about the late payment.  If they accepted payment they really need to explain when the coverage lapsed and when it started up again, as it should have been the date payment was made.


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