Insurance Company Rent Car Payment

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Insurance Company Rent Car Payment

A month ago my car was totaled by a red light runner. Because the car not being drivable I had to rent a car from the airport. Now the liable party’s insurance company is stating they will cover some of the rent car because it was rented from the airport which they don’t use. Is there something I can do to get the rent car covered fully since it wasn’t my fault? Thank you

Asked on May 21, 2019 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The other driver's insurer is the other driver's insurer, not yours: they do not owe any duty or obligation directly to you. Their obligation is to their insurered: to pay for him (up to policy limits) any amounts which he is found to be responsible for. Often, they choose to pay (settle) without a lawsuit, to avoid the cost of litigation, but that is their choice: they do not need to do that. If they are not offering to pay as much as you want, your only way to get more is to sue the at-fault driver and prove in court what costs, losses, etc. he is responsible for, getting a court judgment in your favor. At that point, his insurer should pay.
Bear in mind that the at-fault driver (and therefore his insurer) would only be responsible for the "reasonable" rental cost. Airport rentals are almost always at a premium: for example, in my area (NJ), a non-airport rental might be $30-$40/day, but the same car at an airport would be $60 - $80 per day. Airport rentals, being unnecessarily higher priced, are not "reasoanble": the other driver or his insurer would be justified in paying only the typical, not airport, rental price.


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