How long can I keep a rental car, car totaled, other party at fault

[mikeyv]

Jurisdiction

Tennessee

Got rear-ended, car is totaled, other party is at fault.
Got an offer for my totaled car, it's low, was told they would re-estimate.
I was provided a rental at no cost, but they want it returned Monday. They are refusing to extend the rental.

I haven't received a check for my car yet.
Plan on purchasing new, but new cars are hard to find. The one I want the dealership said 4-6 week wait.

(1) Is there any rule/law here with keeping a rental longer? Or is it whatever the insurances says goes?
(2) Are there other options for a cheaper and longer rental (say 4-6 week rental)?

 

[Disabled Vet]

Once you reach a settlement with the insured.... There is NO reason they should provide you with a rental car. Now... You can make that part of the settlement deal if you want. Of course they will tell you to kick rocks.

 

[adjusterjack]

(1) Is there any rule/law here with keeping a rental longer? Or is it whatever the insurances says goes?

There are no "laws" regarding the issue.

The at-fault driver's insurance company pays all sums for which its insured is legally liable. Legal liability is only determined by a court of law. Until then the claim is subject to negotiation. If you don't like the offer or the rental limit, you may sue and attempt to prove additional monetary damages. Meantime the insurance company need pay you nothing.

And you aren't going to get paid for that 4-6 week interval anyway because the other driver did not "cause" the lack of availability of new cars.

Are there other options for a cheaper and longer rental (say 4-6 week rental)?

Take part of your settlement, buy a cheap driver until your new car is ready. Then sell the driver or trade it in for the new car.

Or, pick a car off the lot.

 

[zddoodah]

Got an offer for my totaled car

From whom? The other driver's insurer? Or from your insurer pursuant to your collision coverage?

I was provided a rental at no cost, but they want it returned Monday. They are refusing to extend the rental.

Same questions. Provided by whom?

Is there any rule/law here with keeping a rental longer?

If you're getting a rental car via your own insurance, then your policy governs. However, in general, you're entitled to a rental car until such time as a reasonable offer is made for your totaled car. You're certainly not going to get it because you want a new car that'll take 4-6 weeks to procure.

Are there other options for a cheaper and longer rental (say 4-6 week rental)?

Cheaper than what? You're obviously free to rent all the cars you want for however long you want, but, again, no insurance company is going to pay for a rental car for such a long period to accommodate your desire for a particular car.

 

[Zigner]

If the other party's insurer has agreed to reevaluate their offer, then it would seem to be reasonable to expect them to continue paying for the rental until they submit a new offer. I agree that if the OP's insurance is the one providing the coverage, then it expires per the terms of the policy.

 

[Zigner]

Plan on purchasing new, but new cars are hard to find.

Strange, I haven't seen any new car lots with no cars on them.