Live in ny i was rear ended and my car was totaled by the other drivers insurance co. how long do they have to pay for an rental

Asked about 1 year ago - Hamburg, NY

the other drivers insurance co. in paying for rental they are mailing me a check for for my car which they totaled they say i have to turn the car back in to the rental agency if i do i will have no car to use to get back and forth to work. am i allowed time to keep the rental until i can get another car

Attorney answers (4)

  1. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . No you may not keep it indefinitely, the test is one of "reasonableness"; which goes both ways.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    2

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    Answered . If it is totaled, then you should get the value and reasonable rental value. find a new replacement as soon as possible.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . No. Call the insurance company. Your own company may provide one as well.

  4. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The time you can keep your car is determined by your insurance contract. Normally, You can keep a car during the reasonable time it takes to get your car repaired. If your car is totaled, then the insurance adjuster will say that you can keep the car until the end of the day in which you are contacted with tyhe offer to total your car and they tell you how much you will receive. If the FMV of your car is less than the cost of repairs, they will go ahead and total your car and they will tell you to return the car as of that day, because they will not make any payments as of that date. If you were rear ended, it is possible that you suffered personal injuries. See a PI lawyer in your jurisdiction and follow his advice. Best of luck

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more

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