Auto Insurance Claims: Loss of use (Car Rental), total loss and rental car

Question
My daughter was hit in the rear and not at fault. Our car was totaled by an adjuster. It took nearly 2 mos.to settle on the value of the car because the person at fault maybe under insured. My company told me that I was entitled to a rental because our car was not drivable and it was not our fault. The adjuster said Geico would pay for 2 weeks rental even if we didn't rent a vehicle. Now they claim they do know what I am talking about. Should I go to small claims court asking for loss of use?

Answer
Jim,

  In most States, loss of use is not owed on a vehicle that is deemed a total loss.  There is well established case law on the subject.

  Now, depending on the State where this happened, the company may be required to pay for loss of use up until the time they determined the vehicle to be a total loss and made an offer.  

  In short, if the company is refusing to pay rental / loss of use, then you are likely in a state that does not require them to pay for it on a total loss.


I hope this helps!