If I was recently in a car but was no fault of my own, is the other party’s insurer required to provide me a rental for the duration of the repairs to my vehicle?

The other party’s insurance company found their insuree responsible for the accident and accepted 100% liability. They have recently contacted me and notified me that they were unable to continue payments toward the rental care of which they provided.

Asked on July 17, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They are only obligated to pay for a rental for you IF you sue the at-fault driver and win, and as part of the case, get the court to award you rental reimbursement. Remember: they are the other party's insurer, not yours, and they do not actually have any obligations or duties to you--their duty is to pay for and/or defend in cour their insured. They may *choose* to make payments, including for a car rental, voluntarily, to try to resolve the case; but they are not forced to, and could choose to pay nothing at all, or to offer less than you'd like, unless and until you sue and win.


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