Auto Insurance Claims: Loss of Use question, temporary replacement vehicle mitigation

Question
I was recently involved in an accident in which the other driver failed to stop at a 4-way-stop intersection and crashed into the front passenger side of my vehicle. I had 2 witnesses who both testified that the other driver blew through the stop sign, and was at fault.

At the time, I was borrowing a friend's car, which he had been kind enough to lend me while I was on a 3-month job across the country from where I keep my own car.

I have full coverage, including loss of use, and my own insurance company reimbursed me for the time it took to settle the total loss value of my friend's car, and mail him the check.

My question is this: because I can no longer borrow my friend's car, I have to rent a vehicle for the remaining 2 months of my 3-month contract employment. This is going to cost me about $1500. Can I file any kind of claim with the other driver's insurance company? Or would seeking compensation for this expense require suing the other driver, which would result in a protracted court case that would probably cost more in lawyer's fees than what I could hope to recoup in expenses?

Thank you for your help.

Answer
You can always file a claim and seek compensation.  Mitigation will be the key factor in your loss.  I cannot anticipate how the liability carrier will respond, and I would urge you to make sure you don't do anything to jeopardize your insurance's subrogation rights, this could bite you if you aren't fully aware of how it works.  I believe that if you can show that $1500.00 is the minimum loss you would take, then you should be able to recover that cost as part of your damages.  As an adjuster, I would attempt and think of all the options you have, and which option would result in the most minor damages.  If you took the action that resulted in the most minor damages, then it shouldn't be a problem.  

It might take getting a claims manager on the phone because your case involves some moderately complex legal theories that I don't think most adjusters would quite grasp or know how to handle.  The best bet is to file the claim, then see what happens.  I doubt a suit is worth the effort for $1500.00, but the trick is not letting the insurance company know that you are smart enough not to sue, you know?  If they think you will sue for a small amount, they may settle.  Ignorance sometimes works in the favor of the claimant.

I hope this helps!