Who pays for these damages?

Your truck totaled by a driver going 65mph coming off the freeway. They have admitted they are at fault.

They have insurance. They were arrested by the California Hi-Way Patrol, maybe due to being intoxicated.

Your out a truck who's pays for a rental car. Do you have the right. to ask the party who is at fault to pay for it because you don't want to pay out of pocket?

Answer to Who pays for these damages?

You have right to claim the loss of use of your vehicle, but only up to the point the vehicle is declare a total loss (and maybe a few days after that). It depends on your state, most states allow three days after the vehicle is declare a total loss. Some require the insurance company to make a payment first.

Talk to your department of insurance (claims) and see where you stand exactly.

Good Luck
http://www.auto-insurance-claim-advice.com/