Legal Question in Personal Injury in Massachusetts

As a general principle, you should review your policy documents. If the document declares that the company's liability under the policy ends if the car is declared a total loss, then probably, they cannot be required to pay the cost of the rental.

If, however, the insurance company has stopped paying for the rental car to gain leverage in settling the claim, that could be considered an unfair and deceptive practice under Massachusetts General Law. That would depend, primarily, on the extent to which your fiancee's position on the value is legitimate, and on how far apart your fiancee and the insurance company are. If you are quibbling about $500.00, that's one thing. Quibbling about $5,000.00 is quite another.

Mass. tort law provides when a vehicle is totaled you are not entitled to loss of use. So the at-fault motorist's insurer will resist paying you any rental at all. If you really care about this issue you might do best not to rely on a general response on the internet and you or your fiance might consider buying an hour or two of a competent attorney's time. Regards, JBS