Need a rental car?

Does the other driver’s insurance have a responsibility to pay for a rental vehicle?

The insurance for the driver that caused the crash has a duty to pay for a rental vehicle until they pay for the totaling out of your vehicle or until the repairs are complete.  Given the delays in car repairs because of the unavailability of parts, a rental car is very important.  You will need a rental to go to work, run errands, and keep doctor appointments.  Insurance companies often refuse initially to pay for rental vehicles in the hopes they can avoid this expense.  Insist that the other driver’s insurance pay for your rental directly.  Do not offer to put the rental on your credit card.  If the insurance company for the driver that caused the crash stalls by saying they need to talk to their driver, then you may wish to go through your insurance, if you have rental coverage.  Your insurance company will seek reimbursement for any expense from the other driver’s insurance so it should not raise your rates.

Can they take away my rental once they make an offer to total my vehicle?

Maybe.  Unfortunately, Florida law is vague on whether the insurance company for the driver at fault must provide a rental until you receive the check or only until they tell you the offer to total your vehicle.  Insist that they provide the rental until you receive the total loss payment, and tell them to send it by overnight mail.

If I do not actually rent a vehicle, does the other driver’s insurance have a responsibility to pay anything?

Yes.  The insurance company for the driver that caused the crash has a duty to pay for loss of use. So, if you lose the ability to use your vehicle for two weeks following the crash until the repairs are complete, the other driver’s insurance company should for each day you were unable to use your vehicle.  Many insurance companies value this amount at $20.00 a day.