What to do if my car was totaled and the other party’s insurance will only cover a rental car for2 days?

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What to do if my car was totaled and the other party’s insurance will only cover a rental car for2 days?

I was rear-ended. The at fault party has provided a lawyer this far but now the car has been deemed totaled and they will only give me two more days for a rental car. In 2 days I m required to fill out all the forms, get them notarized, mail them, get a check back in the mail and buy a new car. This is there policy. I need more time and I need a car or I will miss school, work, and a conference I already paid for to attend. What can I do?

Asked on February 15, 2012 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are not necessarily limited to what the other party's insurance offers to pay; you may sue for the full amount of your losses or damages caused by the at-fault driver, which would include the cost to rent a car (at least for  a reasonable time) because yours is in the shop or totaled.

However, to get this compensation, if the at-fault party or his/her insurer will not pay voluntarily, you will need to sue. This means that if you sign a release, in exchange for settlement or payment, absolving them of further liability, you will not be able to do this. You may therefore need to weigh, if there is such a liability release (such as among the forms you have received) whether to accept the payment offered and absorb the cost of the rental car yourself--which will get you  the money they are offering quickly and without risk--or whether you would prefer to decline the settlement and take your chances on suing for more, later.


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