Legal Question in Insurance Law in New Mexico

Re: Rental Car... who pays???

Yes.

Your claim has two heads: property damage (the repair bill) and loss of use (the rental car). The fellow who rear-ended you is responsible for the entire loss. His insurance should pay for it. Use the magic words "Loss of Use" when presenting the claim to his insurance company. If they blow you off, that's an unfair claims practice, and feel free to drop the name of my firm as the lawyers advising you on this matter. That will get their attention as surely as telling a dragon that Saint George is your drinking buddy. If they snicker at a New York City lawyer, you can also tell them that I live in Santa Fe, just outside El Dorado, I am of counsel to firms in Town and in Albuquerque, and I would love to make my next trip home tax-deductible, which I can do if I spend any time practicing law during the trip. And I love to torment the insurance industry: that's what we do at Anderson Kill.

Get a copy of the police report for your own file.

I assume you do not have collision coverage on your car, or if you do, that you had replacement car coverage endorsed off the coverage. You probably saved $40 on your premium by doing so, max. So, you might have a malpractice claim against your insurance agent, but the claim is too small to get most lawyers interested in it. However, it's ripe for small claims court.

If you do have collision coverage, put in your claim there. That claim will actually be paid quicker and with less pain than going to the other guy's insurance (unless he's insured with Chubb or Federal, and even then it can be a major pain to get the case closed out).

Always make sure that the body shop accepts the proposed settlement with the insurance company, or you could end up paying major bucks.

Remember, there is no deductible on a liability claim, so demand 100% of all your damages.