Does an insurance company have to pay for a rental if a car is a complete lose? Do they have to compensate if you do not get a rental?

I was not at fault. They have not made a settlement and it has been over 2 months.

Asked on June 5, 2009 under Accident Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Is it your insurance company or the other person's? Bottom line, an insurance company isn't simply going to hand over everything. Now, there is a line though between making your case and insurance bad faith.  So, what you need to do, is the following:

1. Contact and file a complaint through the Texas Dept of Insurance.  Here is the link:

2. Possibly contact a lawyer to sue the other driver and his or her insurance company for all of your damages (replacement of vehicle, rental, medical expenses, personal injury non economic damages like pain and suffering, time off work, etc.).  Try and check his or her record at the Texas State Bar.

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