Legal Question in Insurance Law in North Carolina

Re: Estimate and Car Rental

you are entitled to the "fair market value" of your car if it was "totaled." This is somewhat subjective, and NADA and other sources are often used. You can get a rental for a reasonable period of time until you can get a replacement. As the car is totaled, and will not be repaired, you should act promptly.

Re: Estimate and Car Rental

If you have not signed a release, write the defendant and the insurer a letter telling them exactly how much you demand, including the fair maket value of your car (including registration fees and sales tax) and rental and loss of use damages of so much per day until you receive their check. Give them 5 days to pay. If you don't get the money, sue the defendant in small claims court immediately.

Also, if you have your own insurance, why don't you file a claim and get as much as you can from them. You can still sue the defendant for what you do not collect from your own insurer. And maybe your insurer will get you a recovery from the defendant including your deductible.