What to do about getting a reimbursement for a rental car regarding an accident?

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What to do about getting a reimbursement for a rental car regarding an accident?

My parked car was smashed into by a person driving a rental car. The driver did have insurance coverage. Their insurer offered to pay for a rental car while my car was being fixed but it refused to pay for the insurance on the rental. The driver was informed and stated that there was nothing she could do about it. So, I am now taking the driver to small claims court to get reimbursed for the amount of the rental.

Asked on August 10, 2011 Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may not be able to get the cost of the insurance for the rental. That is because you can only get--even when the other party is liable or responsible--costs directly imposed or caused by the accident. It is unclear that the insurance you *chose* to get on the rental car is something you were forced or required to do as a result of the accident or was rather an extra which you personally opted to buy--i.e. not the other party's resonsibility. After all, you can rent a car without purchasing insurnace on it; that fact alone makes it seem as if buying the insurance was not a consequence directly caused by the accident but was rather an additional cost you voluntarily chose to assume, and hence not the responsibilty of the at-fault party.


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