Auto Insurance Claims: Liable insurance company rental requirement, state insurance department, loss settlement


Question
If the other party's insurance company takes full responsibility for the accident are they legally obligated to pay for my transportation until I receive the money for the totaled vehicle?

My car was rear ended on January 10, 2012  during 5:00 PM traffic while coming to a stop, causing my vehicle to slam into another vehicle. The other parties insurance company was deem liable according to the police report. However the other parties insurance  responsible didn't accept liability until 7 days later. I was without a vehicle during this time. Upon the seventh day and numerous phone calls later the liable parties insurance accepted liability for the accident, and granted me a rental vehicle. Five days later my vehicle was deem totaled and I was told I had to return the rental regardless of whether I had a mode of transportation or not. I have mailed out my title to receive my settlement check of $140 for the week without a rental and $4,700 for the totaled vehicle. I have yet to receive either settlement.

Answer
Most companies will give you a few days of rental after they make a total loss settlement offer.  We typically allow 5 days at my company.  The law varies in each state as to strict requirements, but under the circumstances I think they should give you at least a few days.  If the adjuster refuses, ask to speak to the supervisor.  You can always file a complaint with the state insurance department if they refuse.