There are a few problems here, that I "believe" based on your question.
The rental should be paid back for the 4/4 to 4/31. Granted if they did not decide she was liable, then you would owe. But once they agreed at fault, then it was just a matter of determining if your vehicle was able to be fixed,...
Best answer: There are a few problems here, that I "believe" based on your question.
The rental should be paid back for the 4/4 to 4/31. Granted if they did not decide she was liable, then you would owe. But once they agreed at fault, then it was just a matter of determining if your vehicle was able to be fixed, or totaled, so could take some time (their time).
Most insurance companies once a vehicle is deemed total, may only cover the rental till they make you an offer, then shut it down to motivate you to find another vehicle before they stop it.
Now the towing/storage, there are several questions on this. Did you receive a letter or talk to the adjuster, or did they leave a message saying if your vehicle is in storage, YOU must move asap to a body shop or even to your house to stop the storage. .
Most insurance companies have a "standard" mitigation letter that states that you have a duty to mitigate your loss, in other words, cut the costs, and would state you should arrange to move your vehicle from the storage lot asap. If, you got that letter, what date is on the letter? Then they "should" owe per the date of the letter and "maybe" 2 days to allow you to receive it.
But even, if no letter, they could have told you on the phone, or left a message on your voice mail, so then you should have moved it then. But if they screwed up, by not talking to you, leaving a message or sending that letter then they should be on the hook. Most computers will log automatically any letters mailed in the claim notes, or the adjuster will note talk to the claimant, and once again it will log the date/time they did this, so can't go back and state on 4/7, told her, but forgot to put in the notes on 4/27.
Now the only thing that "might" be right is the value of your totaled car. Insurance owes you fair market value, in other words, if not for this accident, is what you could have sold your vehicle for. This formal offer is usually about 10 pages, that lists the make/model/year/vin#, the mileage and the condition of your vehicle, good/bad. They will even rate the tires. They should have a listing of comparable cars for your car to come up with the value. They will usually show options that add value and others that may reduce the value. Take a look at this report to see if they missed anything.
Here are your options. Do you have collision coverage on your vehicle? If so, then let your insurance handle and they will pay for everything and go after the insurance company. But, if only liability, then can't help you.
I am guessing your vehicle is now in a salvage yard, and if not move it there asap.
Good news is that you now have an another vehicle, so that buys you some time. My suggestion is to file a complaint with the insurance department or commissioners office in your state against this insurance company. Every state has one and will have a place called complaints. Now after you file the complaint the insurance has 30 days to file an answer of why they offered less on the value, rental and storage.
Now, if they did not cover their behind, then with the complaint in most cases goes up to management to review the file to see if in fact they screwed up.
Now when you settle for the car they will have you sign a release (standard), but they could "try" and add the storage and rental onto it, and if so and you sign it, then would be S O L.
The storage could be "iffy". But they should pay for the rental.