Auto Insurance Claims: Insurance refuses to pay for rental, financial bind, salvage yard

Question
Three weeks ago I was hit by a driver who failed to stop at a stop sign. I was injured and my car was deemed totaled. I received a settlement offer on the 19th of the month which I agreed to even though it seemed low. The insurance agent told me I would have to go to the salvage yard and release the vehical. I have a job and was unable to go until the following day I would have off from my job. I was called prior to this time and told that my settlement would be reduced if I didn't release the car that day. He gave me five hours to do it. There was never any mention that there was a deadline of any sort and I resented being threatened with a reduced settlement, however, my husband left work and released the vehical. I then found out on the 26th of the month that the insurance company stopped paying for my rental as of the 24th. First, why wasn't I told on the 24th that the car rental would no longer be paid? Second, I still had no check from the insurance company. I have no car due to the fault of the other driver. Why should I have to pay for the rental for an additional week and a half? I am allowed to pick up the check today, December 2, after I present a title. Now we have to take more time to go get the title. I understand not paying for a rental once I get a settlement check, but not before as I have NO MONEY to buy a new vehical. I shouldn't be out any money due to the other drivers negligence. I don't want to get rich, but I shouldn't be put in a financial bind over this. I just want to be back where I was prior to the accident. I am thinking of filing a small claims case against the driver to have her pay for the additional week and a half of rental fees. The accident happened in Aurora, Colorado. Do I have a case? Is it worth my time to sue the driver or the insurance? The insurance company says they only have to pay for the rental 3 days following the settlement offer.But, I didn't have the money! If it is because of the timing of going to the salvage yard, I don't see how that is fair, either. I shouldn't have to compromise my work situation to make things convenient for the insurance company. The accident was in no way my fault. What do you think?

Answer
Hi Beverly,

Unfortunately, these are tactics used by many insurance companies. You should argue with the insurance company that they owe you for the rental until you actually receive a check. However, they can argue that you delayed the process of issuing a check and they are not responsible for paying for your delays. It is an unfortunate situation. If you feel that strongly about it you should fight it. You can file a small claims suit against the at-fault person. If you can convince the judge that you are right then you will win, if not you won't.  You should start by simply arguing with the insurance company. Perhaps you can reach a reasonable resolution.

I hope this helps
Richard Hixenbaugh