Legal Question in Insurance Law in New Jersey
Auto claim / providing a rental car
My car was totaled in an accident, the ins. co. responsible has paid for a rental until now. I still have not recieved a settlement check for my car. The ins. co. said they only pay for rentals until an settlement offer is made. The offer was made a week ago, but I did not accept it because I wanted to check with a lawyer and do my own research to find out if the offer was reasonable. I have decided to accept the offer, but it will take at least a week or two before I get anything in the mail. Should I be provided with a rental at least until I receive payment?
1 Answer from Attorneys
Insurance Question
Your Insurance Policy is a contract. Your rights are determined by that contract and by additional "terms" of the contact that the law implies (generally in your favor). Usually when an insurance company "totals" a vehicle they stop paying for "loss of use" ie the rental car but check your policy-what does it say? Ask the company to overnight the check to you or pick it up at their office.
Were you injured? If any one is injured in a car collision they should conatct an attorney as soon as possible. An experienced attorney will benefit you more than he will cost-paid only out of the settlement of verdict. Insurance companies always base their decisions on risk. The insurance company is at greater risk of paying more money at a trial if an attorney is involved.
You sound as though you did well representing yourself on the property damage. However, an injury claim is much more complex. Contact me If I can be of service or I can refer you too an attorney in your geographic area.
Sincerely,Michael D. Kinkley
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