If my rental car was damaged by hail because it was rear-ended and in the shop., who is responsible for the hail damage?

My car was rear-ended and I was told it would be over a week to repair. I then called the young man’s insurance to get a rental car for the time my car was being repaired, so the rental fee is being paid buy other driver’s insurance. I wasn’t informed if I could take the extra insurance because I wasn’t paying for the car; I assumed I couldn’t. In the mean ime we had golf ball size hail damage the rental car. It is my responsibility to pay for the damage or the young man’s insurance? Also, the rental company is asking me to pay my deduct able to them without a damage estimate. Can they do that?

Asked on June 9, 2012 under Accident Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The shop where the car was being repaired is responsible for the hail damage if the car could have been placed inside so as to not have been damaged since it had possession, control and custody over the vehicle.

I would hold off paying any deductible to the rental car company until you have been provided an estimate for all repairs for the vehicle that you are writing about.

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