Can I have rental paid for until I get new car?

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Can I have rental paid for until I get new car?

A car hit me and they totaled my car. There ins paid value of car but was less than what I owed so I had to pay remaining balance. Then they only paid my rental for 2 weeks. I have no

transportation and owe for rental already and have to come up with another down payment for new car. The driver admitted they were wrong to insurance and to make it worse I only had my car almost 2 months when they hit it. So I have to come out of my pocket for rental, new car, and back money for finance company? That’s almost $2300 plus rental fees which I am up to $300 for that already.

Asked on August 15, 2016 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Generally, an at fault driver is responsible for your rental fees for a "reasonable" time--the time it would take the average person to get a new car. (It does not matter if for some reason it is taking *you* longer: the law deals in what usually or reasonably occurs.) Two weeks might be about as long as it would normally take; if you were to sue--and the only way to get more money if they don't voluntarily pay is to sue--you might not be able to get much more than the 2 weeks you've already gotten.


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