One of the most frustrating, hardest aspects of automobile accidents is when clients are left without a vehicle and without alternative means of transportation.

Without a rental car, many are unable to travel to work and care for their families, resulting in increasing financial strains.

Total Loss Car Accidents How To Secure A Rental Car

Renting a car with rental car insurance

Luckily, if your own insurance policy includes rental car reimbursement, you will be immediately entitled to a rental car, and your insurer will pay for that rental car.

However, if you have not paid premiums for rental reimbursement under your own policy of insurance, you must wait for the at-fault party to accept liability. This usually happens after the police report is issued and the insurance company has had a chance to speak to their insured.

Receiving a rental car without rental car insurance

After that time, they will either declare your car a total loss or begin repairs.  Louisiana law sets a thirty day timeline for payment under either option.  Insurers in Louisiana are statutorily obligated to begin loss adjustment within thirty days of proof of loss, as outlined in the following two statutes:

  • Louisiana Revised Statute 22:1892.A(4) provides that “all insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.” The penalties due under this provision include attorney’s fees and 50% the amount due on the claim or $1000, whichever is greater.
  • Louisiana Revised Statute 22:1892.B(4) likewise states that “whenever a property damage claim is on a personal vehicle owned by the third party claimant and as a direct consequence of the inactions of the insurer and the third party claimant’s loss the third party claimant is deprived of use of the personal vehicle for more than five working days, excluding Saturdays, Sundays, and holidays, the insurer responsible for payment of the claim shall pay, to the extent legally responsible, for reasonable expenses incurred by the third party claimant in obtaining alternative transportation for the entire period of time during which the third party claimant is without the use of his personal vehicle.”

Thus, while your car is (1) being deemed a total loss or (2) being repaired, you are entitled to a rental vehicle.

However, the attorneys here at Morris Bart are happy to help navigate you through this process.

January 19, 2016 | Categories: Auto Accidents, Legal Tips |