Auto Insurance Claims: replacement transportation, enterprise rent a car, business employees

Question
QUESTION: I live in Massachusetts and I was rear ended about ten days ago. One vehicle hit the man behind me and pushed him into me. The vehicle that started the chain reaction was sighted at the scene and the liability has fallen very clearly. My agent placed a claim for the damages to my vehicle with my insurance company since I had the coverage, but I do not have coverage for a rental. I was directed to the other parties insurance and given a phone number. I called the other parties company and after being transferred all over the place I had an adjusters name and claim number. Over the course of several days I left many very detailed messages, with no reply. Today I called again and spoke to an operator who informed me I was given the claim # for the party that was pushed into me (also insured with same company) not the claim for the at fault individual!!! I was directed to another claims handler and given another claim number. If I do not hear back by tomorrow I plan on contacting a supervisor. Luckily I have a friend that made a vehicle available for my use. He had heard that insurance companies will pay a private party for use of their vehicle as replacement transportation, but I am concerned. Have you seen that before? and if so how much do they usually allow? I contacted our local Enterprise Rent a Car they have an agreement with the insurance company for $28.99 per day. The man I am borrowing the vehicle from suggested I ask for $25 per day for use of his vehicle. I that a reasonable price to ask for? Any information you can give would be greatly appreciated!
ANSWER: Hi Candace,

You are entitled to either a rental vehicle from a rental company or payment for the loss of use of your vehicle. Los of use is generally about %15.00 per day. The reason for the lower amount is that a renal cars price includes costs of operating the business, employees and profits to the company.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: I was contacted today by the insurance adjuster and he did say he can only give $15 per day. He said it is a regulated rate. I did not question it at the time, but I searched online and cannot find any "regulation" that stipulates this price. Is it negotiable?  

Answer
Hi Candice,

Insurance adjusters will often quote things as being "regulated" or "the law".  In most cases this is not true. Payment for los of use is generally between $10.00 to $15.00 per day. I quoted you at the higher end of the range. It is of course negotiable, however, unless you were driving an $85,000.00 Mercedes there's not mush chance of getting more than $15.00 per day.

If you want to challange the adjuster, as him/her to provide you with the exact state statute that shows the $15.00 limit.

I hope this helps
Richard Hixenbaugh