Can I sue for my rental car expense after car accident?

I was involved in an auto accident a few months ago. The insurance companies went through arbitration and found the other driver 70% at fault. I had $2,400 in rental car bills while my vehicle was being repaired. The other party only had the minimum coverage of 15k on her vehicle so her insurance company can only reimburse me 600.00 before it hits the 15k cap. That leaves $1,800 that I should not have to pay. Can I sue the driver in small claims court for this?

Asked on September 20, 2011 under Accident Law, New York


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should sue your insurance company and the other driver and insurance company of the other driver for the money. If you were considered 30% at fault, then you would be responsible for 30% of the $2,400.00 car rental bill or what would be $720.00 if my math is correct. The remainder of the amount should be made by her and her insurance coverage with any under coverage to be paid by your own insurance company. Keep in mind that just because you are found 30% at fault should not preclude your insurance company from paying you the bill; check your insurance coverage because car rental may be covered by your own insurance, as well.

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 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.