Auto Insurance Claims: loss of use, small claims court, purchasing insurance

Question
My car was involved in a accident on Sept. 15.  When trying to report it my insurance company, I found out that my internet payment didn't go through and my policy had been canceled.  They let me reinstate my insurance, but wouldn't cover anything that occurred during the time it had elapsed.  So I went after the other person's insurance company since the accident was their fault, but because the insurer never reported the accident or responded to them, I went without any vehicle for 45 days.  The other person's insurance company is repairing my vehicle and says they're only responsible for some of the days I went without a car because if I would have had insurance I wouldn't have went 45 days without a car.  Is that true and if so, is it possible to ask my insurance company for loss of use?

Answer
Hi Nica,

Your insurance company will nto pay anything because you did not have insurance.

The at-fault persons insurance company owes you for loss of use from the date of the accident until they put you in a rental car. Loss of use is generally paid at $15.00 per day. So if you were without a car for 45 day they would owe you $675.00. The insurance company's argunment that they do not owe you all of the money because you did not have insurance is wrong. They are acting as the agent for the at-fault person. The at-fault person is the one who actually owes you the money for the repairs and the loss of use /rental car. The only reason you are dealing with his insurance company is because he hired them to handle his claims by purchasing insurance with them. The at-fault person is required under the policy to report all claims in a timely manner. If he failed to do that then the cost of your loss of use falls on him. You should tell his insurance company that either they will pay you the full amount or you will have to sue the at-fault person in small claims court. Of course you should be willing to negotiate a little with them just to get the matter settled.

I hope this helps
Richard Hixenbaugh