Migliaccio & Rathod LLP is investigating whether Wisconsin auto insurance companies have improperly terminated rental reimbursement benefits before policyholders had a reasonable opportunity to replace vehicles declared total losses.
Some auto insurance policies provide rental reimbursement coverage for the time reasonably necessary to replace a vehicle after a covered total loss, subject to applicable daily limits and maximum coverage periods. However, insurers may use automatic cutoff dates, such as a fixed number of days after declaring a vehicle totaled, without considering whether the policy provides for a longer reasonable replacement period.
Migliaccio & Rathod is investigating whether Wisconsin insurers prematurely ended rental reimbursement benefits, potentially forcing policyholders to pay additional rental expenses that should have been covered under their policies.
Policyholders May Have Experienced:
- Having rental reimbursement benefits terminated shortly after their vehicle was declared a total loss;
- Being told rental coverage would end after a fixed number of days;
- Losing rental benefits before having a reasonable opportunity to purchase a replacement vehicle;
- Paying additional rental car expenses out of pocket;
- Being denied reimbursement for rental expenses incurred after an automatic cutoff date; or
- Receiving less rental reimbursement than their policy’s replacement-time provisions may have required.
Potential Claims May Include:
- Premature termination of contractual rental reimbursement benefits;
- Incorrect application of rental coverage cutoff provisions;
- Breach of insurance contract;
- Improper denial or underpayment of covered rental expenses; or
- Violations of applicable insurance laws.
Signs You May Be Affected:
- You had an auto insurance policy in Wisconsin;
- Your policy included first-party rental reimbursement coverage;
- Your vehicle was declared a total loss following a covered claim;
- Your insurer ended rental benefits after an automatic or fixed cutoff period;
- You incurred additional rental expenses while reasonably attempting to replace your vehicle; or
- You have the rental endorsement, total-loss correspondence, and rental receipts.
If you believe you experienced this issue, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.