Am I entitled to a rental car if I was in an accident where the other driver was at fault?

The driver pulled from a driveway directly in front of me- the police report says that there was no driver error on my part, and the other driver failed to yield. My car damaged so I can’t drive it without risking further damage. The other drivers insurance co. can’t get ahold of the driver and they are making me wait for a rental car until they do. Meanwhile, I need to get to work and am a 1 car family w/ 2 kids..What can I do?

Asked on June 11, 2009 under Accident Law, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Hopefully you reported the claim to your insurance company and sent them the accident report.  You should have a claim number on file.  Call your insurance agent and ask about your policy and the provision for a rental car.  You can also ask about fixing the damage to your car.  If you carried such insurance your company can have your car inspected and help you with fixing it.  Then your insurance company will subrogate - sue the other company for the money.  If you do not carry such insurance then you may have to sue the driver and insurance company to fix the car and for rental costs.   

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