Typically there is a standard amount the insurance company will pay per day or per week for the rental car you are using while your vehicle is being repaired and thus it may be that you cannot rent one of the same size as the vehicle that was damaged. State laws differ so it may be that your state requires the at-fault party to make sure your replacement temporary transportation can accommodate your family in the same way as your damaged vehicle or they may allow that the insurer just pay a base rental car amount and if you need a larger vehicle will have to pay out of pocket for the extra expense.
You can contact your state's insurance regulator to find out if there are any state laws governing this specific situation of needing a bigger rental or if it is up to the insurance company's guidelines. If it is the latter than speak to the claims adjuster that is working your claim to see if you can negotiate more money for a larger vehicle that can carry your family.
In general an insurance company should pay for the reasonably incurred rental cost of a temporary replacement vehicle. Often, there are disputes as to what qualifies as a substitute vehicle. This vehicle normally does not need to be the same type of car as the one being repair but a vehicle to give you transportation while yours is in the shop being fixed. If the insurer offers to pay a flat amount (for example, $20.00 per day), the insurer should tell you where you can rent a vehicle for that amount.
When purchasing car insurance at CarInsurance.com select Yes for the optional Rental Reimbursement coverage on our quote. Once you select a company, you will see options to purchase specific limits for your Rental Reimbursement coverage like:
$15/$400
$15/$450
$20/$600
$25/$750
$30/$600
$30/$900
$30/$1,050
$40/$1,200
$45/$1,350
$50/$1,500
$75/$2,250
$100/$1,500
$100/$3,000
NO COVERAGE
Each carrier offers different amounts per day and total per reimbursement, depending on the carrier and the state they are filed to offer this coverage.
If you have to pay out of pocket for the cost of the larger vehicle you can check with a lawyer to see if this is an expense you could go after the at-fault party personally to repay you for in your state.
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