You are correct in most cases a person’s property damage liability coverage will include rental car reimbursement or an allowance. With these coverages the person’s car that was damage is able to rent a car while their car is being repaired. Her rental reimbursement coverage election is unrelated to your damages or claim. You should still be able to get a rental car and file against her insurance company, regardless of her choice to have rental reimbursement on her vehicle(s).
In addition, if you have UMPD coverage you may be able to file it there if her PD will not cover it, but it should be covered under her PDL.
According to the California Department of Insurance (DOI), the state has an Auto Body Repair Consumer Bill of Rights. This Bill of Rights means that a consumer is entitled to:
- Select the auto body repair shop to repair auto body damage covered by the insurance company. An insurance company may not require the repairs to be done at a specific auto body repair shop.
- An itemized written estimate for auto body repairs and, upon completion of repairs, a detailed invoice. The estimate and the invoice must include an itemized list of parts and labor along with the total price for the work performed. The estimate and invoice must also identify all parts as new, used, after-market, reconditioned, or rebuilt.
- Be informed about coverage for towing services. Unless the insurance company has provided an insured with the name of a specific towing company prior to the insured’s use of another towing company, the insurance company must pay all reasonable towing charges of the towing company used by the insured.
- Be informed about the extent of coverage, if any, for a replacement rental vehicle while a damaged vehicle is being repaired.
- Be informed of where to report suspected fraud or other complaints and concerns about auto body repairs
Number 4 is what pertains to your situation. If you want to know more about your consumer rights, contact the CA DOI.
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