car accident procedure

L

lovingit

Member
hi folks, when you get hit and the other party's insurance claims 100% liability, you can have either your insurance or the other insurance party pay for your damage.  Also if there is a child car seat, by law they have to pay you for it also.  You can fix it or get paid out.

I recall them saying that the insurance agency (not your agency but the opposing party's insurance agency) also has to pay for your rental car rate (even if you did not rent a car) for the amount of days it takes to fix your car.  It was some law or consumer right to claim this.  Has anyone heard of this rule?
 
lovingit said:
hi folks, when you get hit and the other party's insurance claims 100% liability, you can have either your insurance or the other insurance party pay for your damage.  Also if there is a child car seat, by law they have to pay you for it also.  You can fix it or get paid out.

I recall them saying that the insurance agency (not your agency but the opposing party's insurance agency) also has to pay for your rental car rate (even if you did not rent a car) for the amount of days it takes to fix your car.  It was some law or consumer right to claim this.  Has anyone heard of this rule?
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That is correct.  I rarely will call my own insurance company unless the other person has fishy insurance.  If it's a big name like farmers I'll call them. They are responsible for everything.  Car rental. Car seat. Etc.
 
Do you know what law states the rental car payout? Its some law but couldn't find it online.  Even if you don't technically rent a car, they suppose to pay you out for the number of days in the shop your car is suppose to take to fix times the rental daily rate. Even if you elect not to fix it.
 
from our experience I recall the rental car reimbursement is a pity. years ago got our full size sedan totaled by some lady when we were out of town, so we needed a rental at least to get back home.  the reimbursement from her insurance was only good enough to cover an economy class rental.

but at least her insurance paid more than KBB private party value for the totaled car and we did not get hurt, so no complaints I guess?
 
eyephone said:
I thought they have to reimburse you for a rental car.
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that's what I thought too. But was told that it is technically due to some sort of law that a lot of people don't know, they still have to pay you out for it even if you do not get a rental car. So let's just say it takes an estimated 3 days to fix your car, they would pay you out three days worth times the rental rate. I just can't remember what that law was called. I think some consumer rights. Just wanted to see if anyone knew.
 
lovingit said:
Do you know what law states the rental car payout? Its some law but couldn't find it online.  Even if you don't technically rent a car, they suppose to pay you out for the number of days in the shop your car is suppose to take to fix times the rental daily rate. Even if you elect not to fix it.
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It is called " loss of vehicle use".
 
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