What to do if my car was hit andthe at fault driver’s insurance company won’tpay fora rental?

UPDATED: May 20, 2011

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What to do if my car was hit andthe at fault driver’s insurance company won’tpay fora rental?

A car hit another car and flipped over a guard rail to smash into my passenger side window and dent the support beam. My car was parked in a regular, legal parking spot unattended and unmoving. Neither insurance will provide a rental until fault is decided. Unfortunately for them I do have to work while they attempt to weasel out of their own policies. Can I rent a car and demand reimbursement after they’re done bickering?

Asked on May 20, 2011 under Accident Law, Pennsylvania


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

Answered 11 years ago | Contributor

You can rent a car and demand reimbursement. The insurance company may have a limit on the amount of a rental car.  You will need to mitigate (minimize) damages by NOT renting the most expensive car you can find.  If you don't mitigate damages, your damages will be reduced accordingly. If the insurance company still refuses to pay for a rental car, you could sue the driver, who caused the accident, for negligence and your damages (monetary compensation you are seeking) would include the rental car. 

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