Auto Insurance Claims: Total loss - Rental Car, total, loss


Question
The rental car I was driving was totaled in Georgia.  My insurance covers the car but a subrogation firm is trying to bill for 30 days of loss of use.  My insurer will not pay without documentation which the firm says it does not have to provide.   Is the claim for loss of use applicable only to repair situations, not total loss?  Can they bill me directly without any documentation?  The firm is also threatening not to sign the insurance company's release from all charges unless I pay out of pocked for undocumented loss of use.  What recourse do I have?

Answer
Subrogation is where an insurer tries to recover what it paid one party from another party that is legally responsible for damages. In my opinion you nor your insurer would not owe for loss of use since rental companies usually have other cars available to rent out. And you are not legally liable until and if they get a judgement against you in court, probably small claims court. Just my opinion.

Ron Cercone
http://www.UClaim.com