loss of use

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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: Apr 11, 2013

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Insurance Question from Denver, CO

Asked on 04/11/2013

loss of use Hi I got involved in to an accident recently (i was rear-ended), and the insurance of the driver at fault had accepted liability. My car was determined a total loss. During the process I requested the insurance for "loss of use" and i was told the insurance will cover only from the date of the accident until the loss was determined by the insurance, not until the final settlement of the claim. I am still without a car, and the insurance is still processing the claim. And I won't be covered for any day after determination of the total loss by the inurance. Is this legally correct in Colorado. I don't know where to turn to and the insurance couldn't give me any different answer. Please help!

Answer given on April 14, 2013

If you were involved in an auto accident that was the fault of the other driver, that insurance company is responsible for your repairs to your car. While the claim is being settled, the other insurance company should pay you for a rental car. The rental car may not be as large as your car, they only have to provide transportation. If the car is a total, they need to complete the settlement with you.The rental car coverage should be paid for by the insurance company until they issue you a check for the total damage of your car. If they have offered you a sum of money, but have not provided payment, they still need to give you a rental car. However, once the check is issued you are on your own for a rental car, even if you have not yet purchased a replacement car.

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