What to do if my son was in an accident but the repair has taken over 2 months and his rental is no longer being covered?

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What to do if my son was in an accident but the repair has taken over 2 months and his rental is no longer being covered?

My son was in a car accident as the vehicle behind him ran into him at a red light. His car was taken to a garage of the other party’s insurance company. The car has been there for nearly two months now and they say they are waiting for parts. My son does need a rental car to go back and forth to work. When he picked up the rent a car he had to use his credit card but was told it would not be charged. Well it is now being charged as the other insurance company is saying they aren’t going to pay for the renatl car any longer and his credit card has become maxed out due to this. What options does he have, if any?

Asked on August 5, 2015 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If he feels that the at fault driver (and if he was rear ended the way you describe, the other driver was most likely at fault) or his/her insurer is not paying all your son's losses or costs due to the accident, your son's recourse would be to sue them (possibly in small claims court, where he can act as his own attorney and where cases tend to move faster) for hte additional money. Unfortunately, he'll still have to first pay for his own car rental somehow, then look to recover the money from the other side; there is no practical way to make them pay the money in advance in a situation like this.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If he feels that the at fault driver (and if he was rear ended the way you describe, the other driver was most likely at fault) or his/her insurer is not paying all your son's losses or costs due to the accident, your son's recourse would be to sue them (possibly in small claims court, where he can act as his own attorney and where cases tend to move faster) for hte additional money. Unfortunately, he'll still have to first pay for his own car rental somehow, then look to recover the money from the other side; there is no practical way to make them pay the money in advance in a situation like this.


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