Skip to main content

My daughter was in an car accident, not her fault. The car was totaled by the other lady's insurance company.Need answers.

Simpsonville, SC |

Low settlement for her car. The rental they gave her is not enough time for her to find another car. Can she make them give her longer rental without her having to pay for it as they have told her. She was banged up and missing work some. What can she do? She doesn't have any money to put down on another car,she only works part time. She doesn't want a law suit or anything, just what is fair. She feels they are rushing her thru so she doesn't have time to think and she is not sure what to do. She can't afford a lawyer. HELP!!! The lady that was involved did not get cited due to the wreck was in a shopping center,private property. The officer stated on the report is was the lady's fault even though she was not issued a citation.

Attorney Answers 8


  1. My blog from two days ago answers all of your property damage questions here. Www.ryanmontgomerylaw.com/blog see the low ball offer blog.

    The information in the post is not intended to be legal advice but is general information and should not be relied upon. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. If you require assistance then you should speak to a competent attorney in the area of your question. If you require additional information from the Ryan Montgomery Attorney at Law, LLC then please visit on the web www.RyanMontgomeryLaw.com or call us directly at (800) 519-0297


  2. Have your daughter hire an attorney. The insurance company is not to be trusted.


  3. It is no unusual to have a dispute as to how much rental car time the at fault insurance carrier is responsible for. From their perspective, the offer they made on the car is reasonable, should be accepted, and should therefore cut off the obligation for ongoing rental. From your perspective, they should continue to pay for a rental until they make a fair offer. It should be noted that under the law, they are responsible for paying fair market value for the car whether that allows your daughter to get a replacement car or not. That may not be fair, but the obligation to pay for a rental will stop soon after a fair offer for the car is made.

    Since your daughter was hurt, she should probably consult a good personal injury attorney who will represent her on a contingency basis (no money up front required) and will likely help her deal with property damage issues.

    Good luck.


  4. Best bet is to retain one of the attorneys above.


  5. Look at yelp or get a recommendation for a good, experienced attorney. Hire them at follow his/her advice.


  6. Consult with an attorney - most attorneys provide for a free consultation.


  7. Your daughter need to hire an attorney to get the best recovery for her claim.


  8. Consult with an attorney. Most attorneys will not charge you anything to consult with you on a carwreck case.

    My family and I were in a bad car wreck in November. A drunk driver turn in front of us on a 2 lane road. I hit him doing 50 mph. I have represented many people who have been injured in car accidents. The wreck gave me a very different view of how it works. It was amazing how nice the first adjuster was to me. That changes when you try to get what you are entitled to. Long story short, you can usually make them repay you for the car rental when it goes over (at least progressive did for me 3 months later), but don't settle anything until you talk to a lawyer. I would be happy to speak to you or contact a good attorney in your area. Like I said most will only charge you a percentage of what they recover.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics