TX Rental Car Reimbursement after Total Loss

[sithum]

Our car was deemed total after an accident last month. We only had rental car coverage for 3 more days after the notification. (Progressive Insurance)
We are in the process of buying a new car but meanwhile we need to rent car to get around for groceries/work etc.

I came across this opinion of Texas Supreme Court in a case J&D Towing LLC v American Alt. Ins. Corp., 478 S.W.3d 649, (Tex. 2016).
It states that we may be entitled to a rental vehicle in the same class as the vehicle that was totaled for a period of time required to obtain replacement property. (Links in the comments)

Loss of Use claim in the cases of Totaled car were not practiced before. This opinion came out in 2016. But I still don't see more information/awareness about it online.

How do I get reimbursement for the rental car?
Will Progressive pay? (But our insurance agreement clearly states only 3 days coverage after total loss notification)
Or the other insurance?

 

[roxie12]

@sithum

We are in the process of buying a new car

Is the insurance company the cause of the delay in purchasing the new car? If they have cut you a check and provided multiple extra days of rental car coverage, it would appear as though they have met their obligation.

 

[mjb048]

@sithum You’re overthinking this

After the total loss offer is made, you are given a deadline to return the rental and the rest is out of pocket. 72 hours sounds about right. In the day of internet car shopping, online approval for loans, and dealers being easier to call than ever, it does not take longer than than to find a car unless you are doing it by choice

This is to prevent people from dragging on the purchase process for weeks or playing coy and “not finding a car” with the insurer on the hook indefinitely.

There was actually someone in this subreddit a few weeks ago who purchased a 2023 vehicle which wouldn’t be available until December and wanted four extra months of rental reimbursement which obviously her insurer declined

edit: typo

 

[sithum]

1. J&D Towing, LLC V American Alt. Ins Corp. https://law.justia.com/cases/texas/supreme-court/2016/14-0574.html
2. Question 6 https://www.warriorsforjustice.com/get-rental-car-wreck/

 

[richgardner]

@sithum That case involved underinsured coverage and the question of how to interpret/apply loss of use. Your claim presumably involves rental reimbursement coverage, which is clearly defined in your policy contract. It’s a different situation. There’s no ambiguity and nothing to interpret.

That other site looks heavily biased against insurance companies. I wouldn’t consider it a reliable source. “They’re going to do everything they can to avoid paying and screw you over!” is flat out wrong advice.

 

[sithum]

@richgardner Gotcha.
Thanks.

 

[bdmulneaux]

@sithum 3 days is typically plenty of time from when the payment is made. You most likely knew it was totaled and you would need a replacement for a few days before that as well.

You don't get forever.