If your car has been involved in a rather serious car accident and is not currently drivable, you may find yourself without a car and in need of a rental vehicle. However, rentals come at a cost. Should you be forced to bear that cost, or should you be able to recoup the cost of renting a car?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Is Your Car Drivable?
The first factor that needs to be considered is whether the car is drivable. Even if you are the victim of a car accident, you still have the duty to mitigate damages, if at all possible. If you can repair your car and do not need a rental car for an extended period of time but you still choose to incur the costs of a rental car despite this, you may not be able to seek compensation for the cost of a rental car.
Along the same line, if your car repairs are only expected to take a couple of days but you have a rental car for weeks, you may not be able to seek payment for the amount of time that went over the reasonable amount of time it would take to repair your car.
However, if your car is totaled, it would be reasonable to expect you to need to find alternate transportation via a rental car.
Determining Fault
One of the most important determinations that need to be made before determining who caused the accident. If you were not at-fault, the other driver’s insurance company should be responsible for payment of car rental. It may not be automatic, but you would seek payment from this source.
If your car was totaled, insurance companies will tend to pay for your rental car as a courtesy. However, this is not required.
However, the other driver needs insurance for this expense to be covered. If not, you may be on the hook for the cost. You can pay out-of-pocket and then sue the at-fault driver for compensation. If you were the at-fault driver, then you will be responsible from your own coverage.
Uninsured Motorist Coverage
If you run into the situation where the at-fault driver does not have insurance coverage, you will need to make an insurance claim under your uninsured motorist coverage. This type of insurance coverage protects you in the event you get into an accident with a driver who does not have liability insurance coverage.
It is additional coverage to your own basic policy, but many consider it to be worth it in the event the unthinkable occurs. Uninsured motorist coverage can cover damages or medical expenses in addition to rental car expenses.
Rental Car Coverage
If you were at-fault for the accident and are filing a claim with your own insurance company, you would be covered for the cost of a rental car only if you paid to include rental reimbursement coverage under your policy. You will normally be limited with how much you are allowed to claim.
This type of coverage cannot be added later after the accident happens. You would need to have this coverage before the accident happened to be able to utilize it.
Other Possibilities for Compensation
If you were not at-fault in the accident, you could always seek compensation for money paid for a rental car by seeking reimbursement directly through the at-fault driver. You could build this amount in to the award or settlement received from your personal injury case.
Keep copies of receipts from your rental car to show the expenses made to back up your claim. One item to keep in mind is to make sure that the cost of the rental is not excessive. Make sure the car you rent is similar to what you currently drive so as to equalize the costs and compensation.
Contact an Attorney Today
If you have been in a car accident and have questions about receiving compensation for your rental car costs, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
