If I was in an accident on my motorcycle, do they have to make sure that I have a rental motorcycle while mine is being repaired?

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If I was in an accident on my motorcycle, do they have to make sure that I have a rental motorcycle while mine is being repaired?

The car the hit me has accepted liability.

Asked on July 27, 2015 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have relevant insurance which includes rental insurance, your rental should be paid for by your insurer, at least up to policy limits.

The other party (the at-fault driver) would have to pay for rentals for a reasonable time IF you sue him or her and win, and the court decides (as it very well may) that part of your "damages" was the cost to rent and orders the other driver to pay. However, until and unless you sue and win, anything they offer is voluntary--they do not need to offer to pay all your costs; and you, in turn, could refuse their offer and opt instead to sue for all the money to which you believe you are entitled.


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