Rental Car reimbursement

[Insur Victim]

I was rearended in Massachusetts by a NY driver with an insurance company that operates out of state with an annoying reptile as its spokesman.
The Company agreed to reimburse me for the rental car while my car was fixed. They told me I could rent a car with All-Wheel Drive, the same as my Audi A-4.
I rented a Nissan Xterra for 14 days, the only the rental Co. had with AWD and a lesser car than mine.
They are now balking paying the $50/day and will reimburse only $40/day. I will be out of pocket $140. Even though renting an A-4 is more.
Question: Can I cash the settlement check ($560) and still sue for the incremental $140.
Has anyone sued an insurance company in small claims and been successful collecting?
Should I sue the driver instead of the insurance company.

 

[I AM ALWAYS LIABLE]

I was rearended in Massachusetts by a NY driver with an insurance company that operates out of state with an annoying reptile as its spokesman.
The Company agreed to reimburse me for the rental car while my car was fixed. They told me I could rent a car with All-Wheel Drive, the same as my Audi A-4.
I rented a Nissan Xterra for 14 days, the only the rental Co. had with AWD and a lesser car than mine.
They are now balking paying the $50/day and will reimburse only $40/day. I will be out of pocket $140. Even though renting an A-4 is more.
Question: Can I cash the settlement check ($560) and still sue for the incremental $140.
Has anyone sued an insurance company in small claims and been successful collecting?
Should I sue the driver instead of the insurance company.

My response:

"Oh no. Not a talking lizard!"

Anyway, you only need to sue the insured driver. The insurance company didn't cause the accident, so you'd sue the driver. However, if you haven't already done so, write a "demand letter" to the other driver for payment of your rental car differential. If, after 15 days no payment is forthcoming, sue the driver.

IAAL

 

[JETX]

IMHO, you had a responsibility for asking if there was any dollar limit to your getting a rental car. If you had done that in advance, you wouldn't have this problem now.

Also, you might want to check to make sure that you were getting the 'insurance rate' on your rental. Most rental car agencies cut special rates for insurance claim rentals.