Auto Insurance Claims: I need a rental, rental coverage, second car


Question
   I recently asked a question and it was answered well.  Helped me much.  I have another question.  I was in an auto accident two weeks ago.  Clearly the other persons fault.  It involved 3 vehicles.  First car hit the travelling second car on the back side and the second car swerved and hit me hard on my left side while I was in the turning lane waiting to get into the flow of traffic.  Anyway ever since the accident the other insurance has not offered to supply me with a rental.  I checked with my insurance, and i don't have rental coverage for myself.  I went ahead and got a rental thinking the other insurance will have to pay for this.  When i called the two days later, the other insurance (at fault)said they are still working on the details and have not yet sent an examiner to examine my vehicle (2007 Trailblazer top condition), and when I brought up the rental, they said there's a possibility they can't cover it if the damages are more than what the policy will cover.  I called my insurance and they told me the same thing.  If the other party at fault and their insurance policy is a minimum policy, it will not be able to pay for me to get a rental.  Well, i took it back.  I paid out of my own pocket.  Doesn't seem right to me.  What can I do.  I need help.
     I contacted an attorney.  He is very willing to help me and very communicable.  I've been on medication due to the accident.  He wants me to go see a real doctor and follow up.  I don't know what to do. Should I make it a case?
     Also, I've called the other insurance with no response. I think they are waiting longer so that my insurance will have to pay for damages on my vehicle. Should I begin now and send them a letter.  A serious and direct one.  If so how should I write it?

Answer
Hi Saul,

When somone buys insurance, they purchase an specified amount of coverage for property damage that they cause to other peoples property. Just as an example; if the other person purchased a policy with a $10,000.00 limit for property damage, then that policy will only pay out upto $10,000.00 for a given accident. If the total damage caused in the accident including vehicle repairs, rental expense & diminished value is more than the policy limit, the insurance company will notify everyone involved that they have a coverage limits issue and will direct everyone to have they damage taken care of by their own insurance policy. The the at-fault insurance company will pro-rate the amount of coverage thay have available and will provide a partial reimbursement to each other insurance company.

I know this is confusing, but it is the way it is done. You should go ahead and have your vehicle repaired by your insurance company and unfortunately you will have to provide your own rental.

I hope this helps
Richard Hixenbaugh