I am having a problem with the payment on a rental vehicle

UPDATED: Oct 1, 2022

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I am having a problem with the payment on a rental vehicle

I was involved in a rear-end accident. I had to stop due to an ambulance coming and car ahead of me stopped, I stopped and the vehicle that was coming a few meters behind me never stopped and hit my brand new vehicle from behind. Their insurance so far its taking a very long time to pay the damages but they are paying. What I am having a problem so far is the time its taking to get paid and due to the time my vehicle has been in the shop for over 2 weeks now. They have only sent me 2 checks to cover for 5 days in rental and I have to pay the rental car company but they don’t want to pay me for the additional days. What can I do?

Asked on February 7, 2018 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The at-fault driver--and a driver who rear ends you is almost always considered to be "at fault,' since he or she had a responsibility to keep such safe following distance and speed that he or she could stop in time--has to pay for your repairs and also for your car rental while your car is in the shop, at least for a reasonable time.
If they or their insurer do not pay within a reasonable amount of time--and unfortunately, there is no hard and fast time period for payment set in the law--or do not pay everything to which you believe you are entitled, your only recourse is to sue the driver (you sue the driver) for the money; that's the only way to move matters along.

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