Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Oct 1, 2018

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Smithtown, NY

Asked on 10/01/2018

Car rental reimbursement I was rear-ended stopped in traffic in New York state on Long Island. What rights if any do I have regarding rental car reimbursement from other person's insurance. I thought I would be entitled to a similar car that I drive. I cannot get a similar car that I drive for $29 a day or even a compact/ economy car for that dollar amount. Is there some law protecting me in this situation and if so where can I find the law in writing.Thank you,KEVIN

Answer given on October 02, 2018

If you are involved in an auto accident and the other party is responsible for the damages, their insurance company is required to provide you with a replacement vehicle while your car is being fixed. If your car is considered a total loss, they only have to provide you with a replacement car until a settlement offer is made and accepted.

There is no requirement that the insurance company provide you with a “similar” vehicle to the one you were driving.  You can require a four door if there is a need, such as having a small child which needs to be in the back seat of the car so it can be properly secured, or you have a disability that requires a larger car.  Otherwise, the insurance company only needs to provide a car for you to use.  Of course, you can upgrade through the rental car company, but you will have to pay the difference in costs.


IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.