Loss of Use on a Total Loss Settlement

[Daaku]

What is the name of your state (only U.S. law)? NJ

My wife was on an accident, Other guy did not stop on a stop sign and made a illegal left turn and hit her head on. He took the complete responsibility of the accident. Our car was declared a total loss (It was a year old luxury vehicle with 8K miles on it), it took 53 days for our insurance company to settle the total loss claim (They went back and forth and had to negotiate a bit to get a fair value on our vehicle), As per the rental agreement with our insurance company they paid the rental for 30 days and we were asked to file the out of pocket expense to other insurance, I filed it as a property damage and claimed the tree days of rental payment that i paid and the rest 20 days as a loss of pay at $30 day. The other insurance company is rejecting the claim asking me to file a Small claims against their insured. Is this normal, I am not sure what my rights are. In reality we didnt rent the vehicle, i took off and was driving my wife for doctors and physical therapy appointments. We had to shell out almost $1250 (seems to be a limitation on the PIP as per NJ), thought this would help us offset the cost and avoided extending the rental. advise me what my rights are and is it worth filing a small claim against the other guy. I am also not sure if the insurance company is trying to take me for a ride and testing my patience. Let me know. Thanks.

 

[Zigner]

Are you asking if you should sue for reimbursement of rental costs that you didn't incur?

 

[Daaku]

I am trying to find the following
1. Am I eligible for claiming the loss of use for the 23 days (Took 53 days to settle my total loss, My insurance paid for 30 days of rental). If so
2. . Who should be paying the loss of use, Should the other guys insurance company pay for it ? - It is NJM and they are denying my claim saying that it took too long by my insurance company to settle the claim. On the email the NJM agent suggested filing a small claim against their insured.
3. Out of 23 days i only had a rental for 3 days, will that be an issue when i file for a small claim against their insured (I am claiming $30 per day for 20 days as loss of use)
4. What are my chances of settling the small claim (Is it even worth pursuing)

 

[Zigner]

What are you basing your $30/day on?

 

[Daaku]

Based on the rental cost, The rental company was charging $30 per day (was not a comparable car, our was a luxury SUV, we got a standard car as a rental).

 

[Zigner]

Based on the rental cost, The rental company was charging $30 per day (was not a comparable car, our was a luxury SUV, we got a standard car as a rental).

You didn't rent a car for those 20 days, therefor, you didn't incur that expense. You won't be able to successfully sue for it.

 

[ecmst12]

You can't sue for costs you didn't incur. Well, you CAN, but it won't get you very far.

 

[questionforu2]

You didn't rent a car for those 20 days, therefor, you didn't incur that expense. You won't be able to successfully sue for it.

I am in California and I was paid loss of use even though I didn't rent a car during the time my car was in the body shop for repairs. This might be state specific though.