Will Uninsured motorist cover rental beyond the 30 day coverage?

[Alice Aforethought]

Jurisdiction

Texas

Husband was hit by uninsured motorist who was ruled 100% at fault. We have comprehensive, collision, uninsured and rental car coverage. Somewhat minor damage resulting in under $4000 estimate, so got the rental, but body shop didn't finish car until after 42 days. Husband called Allstate and they said we can claim the extra 12 days under uninsured as long as the body shop notifies them, but I worry they will refuse. If they don't, would I succeed in a small claims case against the body shop or the insurance company?
I don't have faith in Uninsured since they are putting the car damage under Collision which has a $500 deductible instead of our uninsured coverage which has a $250 deductible. The last time my husband was hit by an uninsured at fault motorist (2 years ago) we only had to pay the uninsured deductible, but it was another company USAA.

 

[Alice Aforethought]

Hoping Adjusterjack is around to give me the business (the insurance business that is)

 

[justblue]

@adjusterjack

 

[adjusterjack]

I'll give you the business, Alice. One of these days, Alice, to the moon.

Bang Zoom ...You're Going to the Moon! - YouTube

Why are you borrowing trouble where there might not be any? How about you pay a friendly visit to the repair shop and have the nice people there contact your adjuster so you can claim the extra 12 days.

If they turn out not-so-nice you should have an invoice from the repair shop that might show the date in and date out which should be enough for your claim rep.

As long as you would be legally entitled to the expense from the other driver (and I'd say you are) you'd be legally entitled to it from your Uninsured Motorists coverage.

As for your deductible I just read a sample Texas auto policy. In the UM coverage part it excludes the first $250 of the amount of property damage to the vehicle.

Read your UM coverage part under Exclusions and see if it's worded the same. If it is then you have a legitimate beef with your claim rep to get the $250 back.

BTW. There's nobody to sue for this. Your insurance company is within its rights to require documentation. The repair shop has no obligation to deal with your insurance company so be nice when you talk to them.

 

[zddoodah]

Husband called Allstate and they said we can claim the extra 12 days under uninsured as long as the body shop notifies them, but I worry they will refuse.

The pronouns in this sentence are ambiguous, so I'm not sure to whom the highlighted "they" refers to, but why are you so worried?

If they don't, would I succeed in a small claims case against the body shop or the insurance company?

You have no apparently legal claim against the body shop. If your insurer unreasonably denies a claim, you would have a claim against it.