should other drivers insurance pay for a rental while determining the damages she is liable for

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should other drivers insurance pay for a rental while determining the damages she is liable for

i bumped a tree doing 15 on icy road
causing a small bump to the bottom
front bumper . Called a tow because
roads were so bad. While waiting
vehicle was off the road and rear
ended causing back damage and a lot
more front damage. Vehicle is no
longer driveable. Other drivers
insurance trying to deny fault to front
damage and won’t get me a rental

Asked on December 20, 2016 under Accident Law, Pennsylvania

Answers:

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

Answered 4 years ago | Contributor

The at-fault driver's insurance carrier should be paying for your rental car.  As for the refusal to pay for the damage to the front caused by the at-fault driver, your only recourse regarding this issue is to sue the at-fault driver for negligence.
Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your car excluding the dent to the front bumper from hitting the tree and the cost of a rental car.  You will need to mitigate (minimize) damages by selecting a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, you have failed to mitigate damages and your damages will be reduced accordingly.  Also, insurance companies have a maximum daily rate they will pay for a rental car.


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