Should I have to pay for a rental car if my damaged car was not properly repaired the first time?

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Should I have to pay for a rental car if my damaged car was not properly repaired the first time?

I was in am accident last October. My insurance company took care of fixing the car and Ipaid my deductable. However, the car was not properly repaired and 10 months later it has to go back in shop. Can they make me pay for rental car?

Asked on September 16, 2010 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need to prove that the repairs were due to the original accident in order for the insurance company to pay for the rental car.  it may be difficult to prove that since 10 months elapsed since the original repairs.  Another issue may be if there is a limit in the insurance policy on the length of time the insurance will pay for a rental car.  If the insurance won't pay for the rental car, you could sue the other driver for negligence in Small Claims Court and try to recover the rental car expense.  Your damages (the amount you are seeking to recover) should include the rental car expense and court costs.  Court costs would include the court filing fee and process server fee.


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