If you aren't working with an attorney, here's what I would
do:
Contact my insurance agent to ask if they have clearly determined fault with the other insurance company.
Even if you think the other person is at fault, an insurance company on either side may
disagree.
If
they say yes, then ask your insurance agent how she recommends you obtain payment for a rental car now.
I would do this only because I already have her on the phone.
You may have rental coverage on your policy, but I wouldn't want to make a claim for using it at this time.
You can contact the other insurance company agent and explain that their customer has been found to be at-fault and that you would like to know how to most easily get a rental car payment handled.
Always be kind in your conversation, but remember.....the agent on either side is not your friend! Say nothing about the accident specifics while still always appearing cooperative and helpful.
Most large insurance companies have special arrangements with rental car companies, so the payment is automatically made from the insurance company directly to the rental car company.
The other insurance company doesn't have to pay an upfront cost like this. After all, the settlement still hasn't been reached and it could take a couple years to complete.
Even so, most large insurance companies do pay for a rental while your car is getting repaired.
Speak
nicely when talking with the insurance agents, but just because you get a 'No' doesn't mean you should stop talking. My agent wasn't sure if the payout
for a rental car could begin until a couple days later. Of course he knew.
He had been doing this work for a decade.
I needed
the car payment authorized right then. I understood his need to investigate more, but it was necessary that I have a car immediately. I told him that. It took 3 times for me to
say that in order to get him to say yes.
Customarily
the at-fault parties car
rental coverage insurance should pay for a vehicle at least an equivalent
to your own.
However,
if you make a claim on your insurance, then you will receive a vehicle payment up to the per day value of your policy. That
might not be enough car rental coverage... See: Car
Rental Payments
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