What are my rights if I was in an accident with a rental car but I was not at fault?

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What are my rights if I was in an accident with a rental car but I was not at fault?

I was involved in a car accident where the other party had the full blame. The car i was driving in was a rented car and I only had insurance through them. The police officer did not provide a protocol yet, but the rental company had charged me $750, claiming that this is the deductible amount. What should I do? Can I get a refund for this money? Should I get in touch with the insurance company? Why do they charge me without having a police protocol or without getting in touch with the insurance company?

Asked on December 19, 2014 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A police report or protocol is irrelevant to the issue of insurance for a car accident; or rather, while it can provide useful, even valuable information or evidence, the insurer is not obligated to wait for it or rely on it. If you had insurance for the damage on a rental car, then you would be obligated to pay the deductible. You in turn could sue the at fault driver, including, for example, in small claims court, acting as your own attorney ("pro se") to save on legal fees, to recover any amounts you pay out--i.e. to get the at fault driver to reimburse you your deductible.


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