Auto Insurance Claims: third party claims and rental cars, how much rental do they owe me?

Question
Hi Justin-
I'm filing an auto claim with another driver's insurance company and have questions regarding rental cars.  The other driver is at fault for the accident and our car is totaled.  His insurance company told us that they will only be willing to pay for rental cars from when they've accepted liability on the claim, which only happened recently.  The accident was in June.  Are they not responsible for providing transportation from the date of the accident? The accident happened in TN and we're in TX.  Thank you so much!
Sincerely,
David

Answer
You must be misunderstanding the adjuster.  When they decide liability does not change the amount of damages you have sustained, period.  

In a third party case like yours, the measure of rental damages is generally based on reasonableness of the incurred costs.  Once a company accepts liability on behalf of their insured, they are expected to pay for any damages their insured is legally liable to pay.  I have a feeling the issue that is at hand is one of mitigation.  Have rental charges been incurred?  If they have, were they reasonable?  Did you do everything in your power to reduce your damages or did you sit around and wait on the insurance company to handle the claim for you?  Your question is not as simple as it may seem.

There are many questions I would ask in order to calculate your rental / loss of use damages. . .

1.  Was your vehicle drivable after the accident?
2.  How quickly did  the claim get reported to the insurance company following the accident?
3.  Was your vehicle readily available for inspection immediately following the accident?
4.  How many labor hours are estimated to be needed to repair your vehicle?
5.  Did the accident happen on a Friday or recognized holiday?

You can see that there are a lot of questions I would need to have answered before I could calculate the amount of lost use you may be due.  If you need detailed information, we will happily discuss your case with you for free over the phone.  Google me or our company and it should be easy to contact me directly.  Information is always free at Petty Details, LLC!