If I’m not at fault for an accident to my parked vehicle and the repairs take longer than insurance will cover a rental, who pays overage?

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If I’m not at fault for an accident to my parked vehicle and the repairs take longer than insurance will cover a rental, who pays overage?

Someone hit my parked car, the repair have taken almost 2 months and my rental is almost 30 days over. The rental company is balance billing me almost $1,000, leaving me on the hook for this money until the responsible party’s insurance “investigates” that repairs were completed in a timely fashion. I did nothing to cause this accident, was unaware that the rental would end up costing me money and am now looking at having to pay money I do not have. What are my options?

Asked on June 12, 2012 under Accident Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The options that you have concerning the "overage" costs with respect to the rental car that you have pending the repairs of your vehicle being made is to pay the "overage" out of pocket (or make installment payments) and then assert such "overage" as additional damages against the person who hit your parked car. Or, possibly the rental company may wait to be paid pending pay out of your claim.

You can do such through that person's insurance carrier assuming he or she had a policy in place at the time of the accident or against the person who caused the damages directly.


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