My car was hi Does an insurance company have the right to take away the rental car while my car is still on the shop

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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 6, 2014

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Insurance Question from Staten Island, NY

Asked on 08/06/2014

My car was hi Does an insurance company have the right to take away the rental car while my car is still on the shop My car got hit not my fault the other insurance company came and look at my car and wants to total loss of it I am having the car fixed but I still have no check for them and I had to turn in the rental carWhat do I do now

Answer given on August 09, 2014

If your car was hit by another party and their insurance company is handling it, the insurance company needs to make a settlement with you. While this is being determined they need to provide you with a rental car.If they have determined your car is a total loss, then you need to come to an agreement as to the value of the car. When this is done the insurance company will issue a check and you must give them the title to your car. Once that is all done, the insurance company is no longer responsible for providing you with a rental car. If you are still discussing the settlement amount, then they need to keep providing you with a car, unless you are refusing all offers.If you are buying back the salvage and fixing the car, the same applies. The insurance company does not have to continue to provide you with a rental car just because you are having the car repaired.


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