Car rental reimbursement

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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...

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UPDATED: Oct 1, 2018

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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.

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