Car [likely] totaled. I was not at fault. What can I expect in terms of rental?

New Jersey if it matters.

A car just went through a stop sign and [likely] totaled my car. I am waiting on a call from the adjuster and waiting for the police report etc. as this just happened yesterday.

I was driving a BMW M4 Convertible.

I just went to BMW today to ask about a new car and they said it will be 6-8 weeks because they just started production on the convertibles.

Given that I’m in NJ, convertibles are only usable for a small portion of the year. Most of why I owned a convertible is for these few months…

Can I expect their coverage to get me a similar car? I can’t even find a similar car on enterprise or any of those sites, but Turo has similar cars in the range of $300+/day. To rent a similar car from today until my new car is ready could easily hit $10k+

Thanks for any help and for any tips you can give me. I really don’t want to have paid for a convertible all winter and then be stuck in a sedan all summer due to someone else’s negligence.

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  1. Hell will freeze over before they’ll spend 10k on rental for you. It’s not their problem is going to be weeks before the car you want will come in. As another said, they owe you 4 wheels and a seat and only for a few days after they make their offer on your car.

  2. Yeah, so, there’s a lot to unpack here.

    1) They will need to complete a liability investigation. This could take a day, or it could take weeks. Nothing will happen while that investigation is ongoing. For the purposes of this reply, we will assume the other driver is 100% responsible.

    2) Their policy limits may come into play. I dont know the actual cash value of your vehicle, but if it exceeds the limits on the other drivers policy, the insurance company won’t pay beyond that.

    3) The insurance company will offer you actual cash value for your vehicle, NOT put you into a new/similar vehicle. They will make that settlement based on comparable vehicles in your area. (Condition, mileage, features, year, etc). Once it’s all said and done, you’ll transfer the title to the insurance company, and they will give you a check.

    4) That settlement number isn’t negotiable. If you disagree with the value, you’ll need to back it up with facts, not “well, I paid x for this vehicle and you’re only offering y. Don’t try to use KBB as an example. KBB is not accurate when it comes to determining ACV.

    5) Rental length will depend on the insurance provider, but I guarantee you they won’t give you a vehicle for the remainder of the summer, and I doubt they’ll put you into a luxury model. Insurance companies put you in a rental vehicle so you can get from A to B without a major inconvenience. Not so you can feel the wind blowing through your hair. The only time they will try to “upgrade” the rental if it’s required due to work or family (size of vehicle needs to be beyond standard sedan because of seating/space). If you tell the adjuster you want a luxury convertible, they’re going to tell you no. You can ask, but don’t be surprised. I will warn you that if you get snippy with them, they’ll be even less likely to go above and beyond company policies.

    6) I’m not in NJ so there might be some laws/policies that I’m not familiar with but what I said above is fairly typical standard practice. I’m happy to answer any followup questions if you have any.

  3. Legally they owe you basic transportation and if it is totaled tops they will give you is a week

  4. I don’t know if New Jersey is special but I highly doubt you’re going to get a $10,000 rental.

  5. YOU’LL GET ABOUT 10 DAYS – or policy max but the rest will be out of pocket and your company will hate you especially the folks at the end in subrogation – which… if we don’t get everything back we send the balance to underwriting and they’ll slowly raise your rates to compensate probably maybe idk but i’m pretty sure

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