So .... What would you do?

I was driving my wife’s car last week and went to pick up my daughter from school. I was involved in a wreck. There were 2 lanes heading south with the inside lane bumper to bumper with stopped cars. My lane the outside was completely open and I was traveling 30mph (5 mph less than the school zone) as I passed the stopped cars out pops a car from an opening between two cars cutting across my lane, I had about 30 feet to stop. Needless to say I hit the brake about the same time I hit the other car. Neither car was drivable and no one was hurt. The other driver was issued a ticket for failure to yield, and I was not sited.

Both cars towed away and I reported it to both his and my insurance companies. No big deal, things happen, that’s why we have insurance. His insurance (Allstate) tells me I am not entitled to a rental car until they accept liability and they will only grant one for the length of time it ‘should’ take for the work to be completed and rental will begin ONCE they OK work to start. Say What??

Problem is they have waited a WEEK to send anyone to even LOOK at my car and when he did look at it said that the estimate was invalid due to so much hidden damage and that he could not authorize work to begin. Now we have a long weekend for them to delay.

After a WEEK of bumming rides, I rented a car at the place Allstate uses for rental and gave them the claim number to bill for the car. Allstate is telling me they WILL NOT pay for a rental until they decide they are liable and even then will not pay retroactively for a rental car. Sighting I must mitigate damages and renting a car only adds to the costs. They said have your insurance company fix it and ‘come after us’ for damages. What kinda’ crap is this?

I rented a car, will pay for damages myself and sue the guy that pulled out in front of my if I have to.

Point 1) I have NO transportation through no fault of my own.
Point 2) I am being deprived of the use of my car while they delay.
Point 3) I waited a WEEK to rent a car.
Point 4) The other driver admitted guilt AND was issued a ticket for Failure to yield.

My question is am I entitled to a rental car? AND with damages being about $5000 would a lawyer take a case that small? All I want is a car (mine or a rental), I am not looking for a dime to go in my pocket.