What to do if I was rear-ended by a county truck and we need a rental while we get an estimate on how much the damage will cost?

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What to do if I was rear-ended by a county truck and we need a rental while we get an estimate on how much the damage will cost?

Their insurance company is saying we need to go through our insurance to pay for the rental but we don’t have the money for a rental right now. Since they hit us it seems like they should have to pay for everything. Please let me know the laws on this because it doesn’t seem fair that they are asking us to pay out of pocket for something they cause.

Asked on November 23, 2014 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Their insurer is *not* your insurer: they do not owe an obligation to pay any of your losses or costs until and unless there is a judgment (court determination of an obligation to pay) against their client. So the answer is, while they could *choose* to voluntarily pay your costs to settle the case, they don't have to, unless and until you sue the county and win. Therefore, you could as practical matter have to pay for the rental out of pocket then seek reimbursment or compensation in a lawsuit.


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