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

Answers:

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.


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