Do I get a rental car after my accident?

For a guy who doesn’t handle property damage claims, I get a lot of questions about them.

This is probably the most popular, and the answer isn’t simple, but let’s start with the easiest part.

IF you have rental car coverage as part of your OWN auto insurance policy, then your insurance can/will pay for a rental.  This coverage will have restrictions (normally a dollar amount/day as well as a 30 day limit).  That’s better than not getting one, so use it if you must.

The less simple answer becomes necessary when you don’t have rental coverage as part of your policy.  When someone else causes an accident, they are in theory responsible for all consequential damages of their negligence.  It seems obvious that a rental car for the victim (assuming their vehicle is damaged enough to need prolonged repairs or is a total loss) would be consequential and therefore compensable.  True.  BUT the other insurance company doesn’t HAVE to provide a rental for you.  Technically, you’re on the hook for that up front, and then you can go after them for reimbursement.  But insurance companies realize they’re likely to pay for it later, so they have used their superior bargaining power to get better rates when they arrange for a rental.  As a result, the at-fault carrier will often (but not always) go ahead and set you up with a rental car when the need arises.

Of course, that’s not forever.  You have a duty to mitigate your damages, which means you can’t keep that rental forever while you dilly dally shopping for a new car.  And if your repairs start to take too long, you might hear some chirping.

Like I said above, I don’t handle property damage claims, but when I represent you in your injury claim, I’ll give you all the free advice in the world on how to handle property damage matters. Call me!  919-929-2992.