Auto Insurance Claims: car insurance claim, insurance rules

Question
We live in Wisconsin and were wondering, if there is a time limit that the insurance company has to settle in? Also, if they don't settle by a certain time, don't they have to rent you a car?

Answer
It depends on whether you are a first party claimant or a third party claimant.  If you are first party, there are rules that regulate the time limit and actions of your insurer.  If you are a third party (filing against someone else's policy), then you are normally at the mercy of the insurance company to act reasonably.  There is no law that regulates how an insurance company can handle a third party claim, they will rely on civil law to determine if thy are acting appropriately.

If your vehicle is a total loss then once the insurance company makes an offer, they are normally not required to provide a rental car.  If the liability or fault is disputed, they can essentially hold off until they have enough evidence or information to reasonably determine liability.  

Re-cap = it is your insurance company, then there are rules, if it not your insurance company it is based on what you could win if you sued the negligent party.


JP