You are usually entitled to a rental (if there is applicable insurance) in the following situations: Where the vehicle is not drivable, is unsafe to drive, or if the vehicle is in the repair shop.
If you get a rental, remember that the insurance company is only obligated to provide you with basic transportation (four wheels and an engine). You may not go out and rent the finest vehicle of your choice. However, you can ask for a rental that is similar to the one damaged.
Courts have sometimes found that insurance companies must provide a car similar to the one damaged, where:
- The car is critical to a job (e.g., a real estate agent who needs to be able to make a nice presentation).
- The number of children in the family requires a larger car.
- You participate in a carpool, which requires a larger vehicle.
