Auto Insurance Claims: rental car, operational condition, own insurance


Question
Last night a woman pulled out a hit my car. The passenger side door is dented and wont even open. She is at fault, she told the police officer that her foot slipped out of her sandal and she couldn't hit the brake.  I talked to her insurance company today and they said they have 24-48 hrs. to send in a third party to inspect the damage (they have no local offices).  Her insurance company said also that they will only provide a rental car once the adjuster has approved the repair and once the body shop doing the repair has all parts in stock, and only pay for the rental for the time the car is being repaired (which they estimate is 4 days).  We are leaving for vacation on Sunday morning(the accident happened Tues. night) and will be gone for 8 days.  I am not at fault in this accident and now have to rent a car for my vacation.  What rights do I have in getting reimbursed for a rental car for my trip?  My car was perfectly fine to drive until she smashed into it. I can't drive this car as the door won't open.  And even if the claims adjuster approves the repair, the body shop has the parts and I get the car in there before I leave, the insurance company said it should only take 4 days to fix and I will be gone for 8.  Do I get stuck paying for the remaining 4 days myself?  thanks!

Answer
If your car is not drivable in its present condition, which from your description it sounds like it is not, then you are due the cost of replacement transportation until your car is repaired. You may want to consider filing a claim with your own insurance company and let them subrogate with the other party's insurer. Or send the liability carrier a certified letter stating that you demand that they pay the cost of a replacement car until your car is repaired to its pre-loss operational condition. Send a copy to the woman that hit your car and inform them that you will take legal action against them in the absence of their insurance company doing the right thing.