Not at fault accident - car rental duration

Hi
My car was involved in an accident (not my fault) and is written off. The at fault party lodged a claim and I got a rental car while the car was being assessed.

Got the call today from their insurance that car is written off and they will pay the value of damaged car, and for me to return the rental car in 3 days.

I think this is a bit ridiculous as it takes more than 3 days for me to get a new car. Dealer may not have stock and needs time…etc. insurance seems adamant I have to return it in 3 days.

Is there any grounds for me to argue this? I cannot find info online. What are my rights, where can I find them and what is the maximum time I am allowed to get a new car and have this rental car?

Thank you

Comments

  • +7

    What does your policy say in regards to rental cars during claim? That'll answer all your queries.

    You can drive out of a second hand car dealership in an hour or two with a purchase so not a valid excuse.

    • -7

      Not my policy as not my claim as not my fault. Not expecting infinity period but maybe 2 to 3 weeks for me to get a new car sorted.

      • +11

        That's not a reasonable expectation.

  • +26

    Rental cars are just for when your car is being assessed or repaired. The question of what's happening with your car is resolved. Once you are paid the insurance doesn't need to have anything more to do with you - your problem is resolved as far as they can see. It will be your own problem to get a new car or pay for a rental car longer if you so choose.

    • This.

      Rental cars are for the duration of the claim. Once the claim is settled, there is no further need for the rental car.
      Insurance isn't there to cover you for whilst you don't have a car, it's there to repair/replace a car. If there is no car, there is no further need for insurance.

  • +1

    As soon as your insurance claim is processed for a write off, the insurance contract is completed. Unlimited days hire car won't help you here if you no longer have the policy. The only amendment I can see to that is new for old but then I reckon the original contract of insurance is still valid, so you can keep the hire car till the new car comes in.

  • I had the car for 7 days after agreeing to the payout form the insurance company. Notice agreeing, which took about 3 days to haggle over the payout.

  • +1

    in 3 days.

    that's quite reasonable as its not your insurance account. you would expect payment on this day.

  • +4

    You can't keep the car for weeks. If you order a new car that has a lead time of 6 months, you can't have a rental for that time. Maybe if you claimed through your policy and had new for old, you might be able to but good luck arguing that if they aren't your insurer.

    If you are working full time, I'd possibly see if you can keep it till next week so you have another weekend to look at cars.

  • +2

    I think your case is as solid as your I Do My Own Bookkeeping - Tax Deductible?

    • +2

      You can't employ yourself btw, in case anyone is too lazy to read the funny replies.

  • I'm curious, If you had a choice how long would you like to have a rental car for?

    • 3.14159 weeks

      • 3.14159 weeks

        Only if it was a Pi-ninfarina

        • 22 to 7 odds?

    • 2-3 weeks to get a new car. Obviously I can order a car that is only released in 6 months which is unreasonable. But I thought 2-3 weeks to sort out a new car is reasonable.

      • One you're paid out if you want to use that money for renting a car that's up to you

      • Depends on the model you are after - with the demand at the moment some models are pre-sold months in advance.

  • "replacement" implies that the new vehicle covers all aspects of the old.

    e.g. if you have a car insurance policy that covers rental until replacement, and your car is an Unobtainium La Ferrari, and you can't take delivery of a replacement for 30 years, then your policy covers 30 years of rental until replacement.

    NAL, NLA but suggest "I'll return the rental as soon as you put me back into my old car or an equivalent"

    • e.g. if you have a car insurance policy that covers rental until replacement, and your car is an Unobtainium La Ferrari, and you can't take delivery of a replacement for 30 years, then your policy covers 30 years of rental until replacement.

      I have my doubts that any policy would have that wording. Mine (Allianz) is very clear:

      We will provide the rental car or daily travel allowance benefit:
      • for a maximum period of 30 days; or
      • until the repairs have been completed; or
      until we settle your claim by paying you the agreed value or market value, whichever happens first.

      NRMA is the same:

      up to $100 a day for a hire car until whichever of these events happen first:
      –your vehicle is recovered and doesn’t need any repairs
      –your vehicle is repaired, or
      we pay your claim for a total loss

      Even Shannons is the same:

      The cover stops the day:
      • your motor vehicle or motorcycle is returned undamaged;
      • we repair your motor vehicle or motorcycle and return it to you;
      we settle your claim.

  • 3 hours

  • Long enough for OP to post a complaint on OzBargain and not a minute more.

    Decide which new car you want, you have 3 days, and negotiate a loan car from the stealership in the deal until it turns up.

    • Busy car 🚗 shopping.

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