My fiancee was hit from behind by a 3/4 ton truck in Santa Fe New Mexico. Our truck is in my name. I understand that I am entitled to market value on our truck if it is totaled. However, it was our only vehicle and I need to get a rental and I have missed work because I was not able to get there without a vehicle. My insurance is not comprehensive. What options do I have?
It’s New Mexico, so the big question is: Does the other driver have insurance? If so, you should be able to recover reasonable damages. If not, the next big question is do you have uninsured motorists coverage?
To recover this part, you are going to have to be able to show that Santa Fe New Mexico has no public transit, no buses, no taxi cabs, etc.
I do not know specific state laws so ymmv. However I work in auto claims processing, and the GENERAL process is that you would contact the adjuster of the responsible party’s insurance claim (in this case, the other guy’s insurance company) as soon as the adjuster is assigned. You would let them know that you need a rental vehicle and they would set it up through a rental company they work with. My ins co has a direct rental arrangement with Enterprise Rent a Car and they set up claimant rentals all the time. Failing that, you can and should get into a rental vehicle on your own and have them bill the other party’s insurance. Do that today if you have not already.
Unless you are totally flat broke, though, you’re not going to be reimbursed for lost time due to not having transportation. You should have gotten a rental when you needed it and then billed the insurance even if you could not contact them first. Adjusters do expect you to exercise common sense.
Generally speaking, the only way to get paid for lost wages is if you were injured in the wreck and physically unable to work.
This advice is general. I am NOT licensed in New Mexico. Contact the other party’s claim adjuster for exact information, like you should have done the day of or day after the wreck occurred.
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