Reimbursement for car rental after an accident

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Reimbursement for car rental after an accident

Hello I had a car accident that was not my fault. I had a rental car for 25 days. I took the rental insurance from the rental company during that time. The at fault driver’s insurance company told me they will not reimburse me for this insurance. Do I have any recourse trying to get them to pay this part of the bill?

Asked on May 2, 2018 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you were paid by any applicable insurance--which is what your question suggests, when you write that you "took the rental insurance from the rental company during that time"--you cannot also recover those same amounts from the at-fault driver or his/her insurer. To the extent your rental has been paid by insurance, you have no right to be paid again for the same rental. You can only recover for rental amounts NOT paid by insurance or otherwise covered for you.
To recover for any rental amounts not paid for you or already reimbursed to you, you sue the at-fault driver. (You sue the driver, not the insurer.) If you can prove in court that the other driver's fault, you can recover a reasonable per day amount for a reasonable number of days.


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