Auto Insurance Claims: MVA, comparable vehicle, mini van


Question
I was involved in an accident the other day.  I was at a stop in traffic, when I was rear-ended by a truck behind me.  The impact projected me forward into a mini-van in front of me.  I had to get a rental car, and I feel that I should be able to rent something similar to the vehicle I was forced to get out of.  My questions are as follows:

1.  Will I be held liable for the minivan if I was stopped at the time of impact?

2.  What type of rental will I be entitled to if I was driving a full size truck at the time of the accident?

Answer
Hi Craig,

If you were hit from behing and pushed into the car in front of you, then the truck the rear ended you is responsible for all of the damage including the car in front of you.

As for the rental car; you are entitled to a comparable vehicle.  That means one that has the same function and utility as the one that was damaged. The insurance companies try to imply that same function and utility means the cheapest vehicle they can find to get you from point A to point B. If they try this just stand your ground.  Demand a vehicle that will hold as much stuff and passengers as what you had.

I hope this shelps
Richard Hixenbaugh