If my wife and I were in an accident for which the other driver was at fault but their insurer is only giving us a 5-day rental, what can I do to get them to extend the rental?

Their insurance company sent us a check for repairs but are only covering the rental for 5 days. However, my shop is telling me it could take up to 3 weeks for repair (body, paint and minor mechanical) bc the parts are hard to find. I didn’t want to be greedy and the money they offered covers my repair but with the hassle they’re giving me I’m ready to sue for everything I can get.

Asked on July 28, 2015 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The only way to get more than they are voluntarily offering would be to sue them and win, proving in court that their driver was at fault and that your damages, or losses--including necessary car rental as well as repairs--equal a certain amount. If you have already signed something settling the case, review what you signed--it may bar you from suing (e.g. in accepting their money, if you signed any agreement that goes with it, you may have signed away your right to sue).

If you are not barred from suing, then if not satisfied with what they are offering you, you could, as noted, sue for the extra amount. But since lawsuits have their own costs in time (including potentially time away from work, which you cannot receive compensation for) and money, it is not clear that suing for the extra rental days is worthwhile.

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