Daughter had a accident. The other person was at fault. His insurance co is trying to take rental car and her car is not done. Can they do that?

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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: Nov 16, 2013

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Insurance Question from Lawton, TN

Asked on 11/16/2013

Daughter had a accident. The other person was at fault. His insurance co is trying to take rental car and her car is not done. Can they do that? After the Adjuster did his paper work they said it should take 4 day to fix the car. We told them what autoshop we picked and them said O.K. They mailed us a check and setup a reantal car. Long story short the car has been in shop for 8 working days (10 total)and they wouldnt pay for reatal any longer. I said i have no control on the autoshop but need a car since mine is not done. They said it didnt matter. Rental car company just called and said we owed a day since car was not returned yesterday. Can they leave us with out a car when done nothing wrong.

Answer given on November 17, 2013

If you are in an auto accident and the other insurance company accepts responsibility, they are responsible to pay for your repairs and provide a rental car. However, if the body shop advised repairs would take for days and they are now into 8 days, the insurance company can refuse to pay for the additional time for the repairs. You need to talk to the body shop and see why the delay. If it is for parts that have not been delivered, then they should talk to the insurance company to get you additional days for the repairs. If it is a body shop issue – lack of manpower or similar issues, that is not the problem of the insurance company and they will probably deny the additional time.You should talk to the body shop about paying for the additional time for the rental car if it is their problem for the delays. They did give you a timeframe for the repairs and have not kept their part of the bargain. While none of this is your fault, the insurance company is also blameless for the delays by the body shop.

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