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

UPDATED: Feb 15, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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