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Insurance help - New York state

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I have a quick question that I’m hoping one of the forum members here with knowledge of insurance law in New York can answer.

I was in an accident recently where the other driver was on his phone and rear ended me. Completely his fault. I filed a claim through his insurance and I’m working through the inspection/repair process.

While my car is in the shop, can I Insist the other party’s insurance provide me with a “comparable car”/Tesla as the rental?

I’m really not keen on renting a gas car or worse still, a gas car that has no safety features (I was even stuck in one with no cruise control few years ago for a claim on another car)
 
I can't specifically answer for NY, but your insurance company should be able to tell you with a quick call what the state requires.

I have been without my car for 4 months waiting for repairs and in NC they definitely don't have to give you a comparable Tesla. I have been stuck driving a Nissan.
 
I can't specifically answer for NY, but your insurance company should be able to tell you with a quick call what the state requires.

I have been without my car for 4 months waiting for repairs and in NC they definitely don't have to give you a comparable Tesla. I have been stuck driving a Nissan.

That sucks. Sorry to hear that.

I don’t really want to call my insurance because I’m afraid that my question may turn into a claim on their side.

I’m seeing reports online that insurance is required to give a comparable car and I can use any rental car company and have them reimburse me for it. But it’s too few reports to confirm and I still don’t know if that means I can get a Tesla.