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

Answers:

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.   


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.