Auto Insurance Claims: car insurance, collision insurance, insurance dept


Question
I do not have comp and collision insurance in Indiana.  I was rear

ended and my insurance company will pay for the car rental only and

not collision insurance. Shouldnt they pay for collision insurance since they decided the accident was not my fault?
I do have liability insurance and my car was totaled.

Thank you.

Answer
This varies by case law in each state.  In most states they are required to cover your rental only, but not insurance on the rental, as this would be providing more insurance than you had before the loss.  In some states they will cover the insurance because you need it in order to rent the car.  I suggest calling your state insurance dept to see if it is required in your state.  Or call your own insurer to see what they would do in your state if they were covering a claimant's rental.