I was in an accident and it was not my fault. How do I get a rental car?

Written By: Michael Wade, October 14, 2020

I was in an accident and it was not my fault. How do I get a rental car? If someone else damages your vehicle, you are entitled to compensation for loss of use of that vehicle, including the cost of a rental vehicle. You are entitled to a comparable rental vehicle for a reasonable period of time necessary to settle your property damage claim or repair your vehicle. A reasonable period of time depends on the amount of time needed to repair the vehicle. In clear liability cases, many insurance companies will simply have you pick up a vehicle from their “preferred rental car provider,” which is often Enterprise. In those situations, the insurance company will put it on a “direct bill” so that you do not have to pay any monies for the rental unless you retain possession of the vehicle beyond the approved period of time.

Unfortunately, some insurance companies are known for attempting to “create” shared or comparative liability so that they are not required to put you in a rental car. This claimed liability on your behalf may be simply a statement by their own insured that you were speeding, “came out of nowhere,” or simply an assertion that you failed to take reasonable evasive action to avoid the accident – the accident caused by their own insured!

In these situations, you may pay for a rental car out of pocket and our attorneys will make a claim for this damage against the insurance company or you may also have rental coverage under your own automobile policy. Check with your insurance company. This may provide additional benefits to you. Our firm does NOT take a fee for property damage, including rental cars. If you have not yet been in an accident and are reading this, consider consulting with your insurance agent to add rental car coverage on your policy. Call us today at (602) 547-2222.


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