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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

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

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Attorney answers 4


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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


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

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