Auto Insurance Claims: Rental Car Denied, insurance representative, voice messages

Question
I had an accident this morning, which likely totalled my car.  I am at no fault as indicated in the police report and admitted by the other driver at the scene and to his insurance company (Old American County Mutual).  I just got off the phone with the adjuster of this insurance company.  At 4pm, I had not been contacted by him (not a good sign), so I called myself multiple times, left voice messages etc.  On the 3rd trial, I good through to him.  I asked about a rental car as I have to return to work tomorrow.  The insurance representative told me that they would only pay for car rental during the time of a repair, and only if they determine that the car is not a total loss.  During the time of the investigation (3-4 days according to the rep), or if the car is written off, no retal fees would be repaid.  This is in Texas.  Is this legal?  Should I pay for the rental car out of my own pocket even though I am not at fault?

Many thanks,
       Jens

Answer
Jens,
I doubt that they said that rental would not be "repaid".  What they likely said was that they would not authorize payment up front for a rental until they've had a chance to complete their investigation.  If you rent a car and they ultimately accept liability for the loss, they will owe you reasonable rental up to the point that the vehicle is deemed a total loss or repaired, whichever comes first.
Good luck!