Someone hit my car from behind causing minor damage, who pays for a rental car?

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Someone hit my car from behind causing minor damage, who pays for a rental car?

I will need a rental car for about 2 days while the repairs are done. He is suggesting my insurance pay for this but my insurance says this is his responsibility. Who is legally correct?

Asked on May 20, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You insurer would have to pay IF the policy you purchased has rental coverage for situations like this--insurance is a contract, and your insurer has to pay whatever the policy calls for, no more and no less. (They in turn could potentially sue him to recover any amounts paid to you.) If you don't have insurance for this and the other driver was at fault (as he most likely is, in an accident like the one you describe), he would be liable to pay--but to force him to pay, if he refuses to, you would have to sue him, which may or may not be cost effective.


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