Auto Insurance Claims: insurance coverage..., Pain and suffering, injury claim

Question
my husband was involved in an automobile accident. the car that he was driving was purchased from his grandfather, and the insurance was still in his name. however, it was another drivers fault, so it was his insurance company that had to supply us with a rental car. my husbands grandfather and the insurance company has agreed on a price to settle for, but we have not received the check yet, but the insurance company is saying they are not going to cover the rental any longer. at what point can they stop covering a rental? also, my husband has had increased pain in his back since the accident. there was no visit to the ER because we did not think he had any injuries except soreness. now we arent sure. how long does he have to have it examined after the accident?

Answer
Hello Kellie

Well, you have 2 questions here:

1. About the rental: Sounds like the car is a total loss. If the the car is indeed a total loss, then insurance company usually has three days after they determine the car is "a total" Note, this is from when they learn that there is a total loss, not when you settle or receive payment. Some states allow you to have a rental car for 1 day after the total loss is determined. It depends on your state law.

If your car is not a totaled and it can be fixed but you are only settling over the amount of damages. You are entitled to a rental car for the days the vehicle will be getting fixed. If the vehicle takes 10 days to get fixed, then you are entitled to 10 days, plus whatever days the insurance company took to get to the car to inspect (If they took 2 days, then you would be entitled to 12 days).

This is true even if you are fixing the car yourself. If the delay on getting the check was over the amount of damages, you would still only be entitled to 12 days from the day of the accident, even if you did not settle until later. This is unfair, I know, but this is the law in most of the states. For more information, visit:

http://www.auto-insurance-claim-advice.com/rental-car-claim.html

2. Your pain and suffering and medical inspection can happen in any time within your state statute of limitation for bodily injury claims. Some states have 2 years and some have up to 6 years. However, the longer you wait, the harder it will be relate the pain to the accident.

Insurance companies argue against this type of thing (gaps on treatment) very heavily. If you feel (or him) that he is on pain, it is better to go get check out now. Do not delay even if you have years to wait per the statute. It can really hurt your rights. You can consult with an attorney on this one.

For more information on how to document and manage your injury claim, visit:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

Good Luck,
Anne

http://www.SpokaneLegalHelp.com