Should the person at fault pay monthly car payments?

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Should the person at fault pay monthly car payments?

My son and I was hit from behind by another car on September 29, 2016 a week after we just purchased our vehicle. To date we still don’t have our car because it is still being repaired. The place fixing the car says it will be another 4-6 weeks before we get our car back.Do we have any right to have the other driver pay for our monthly car payments since we are not able to use our vehicle? Since my son is out of a vehicle and been using my car for his landscaping job can I charge the insurance company rental fees from September 30 until today December 15,2016 because the insurance is finally paying for a rental from today until vehicle is fixed?

Asked on December 15, 2016 under Accident Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your insurer only has to pay you whatever amounts or benefits your policy requires them to pay, so you can't charge them for anything not in the policy (e.g. rental, unless there is rental coverage in the policy).
Also, you can't charge for the use of your car even if your insurer would normally  pick up rentals: they only reimburse for actual provable rental expenses paid to others (like the cost to rent from a car rental place) and not for use of a family member's car.
You can sue the at-fault driver for the carrying costs (e.g. monthly car payments) you are making on a car you cannot drive (during the time you cannot drive it) while it is being repaired due to his fault. You have to sue him, not his insurer: his insurer is *his* insurer and does not have an obligation or duty directly to you. If you sue him and win, he and/or his insurer should then pay you. If you do sue him, you can sue also for any other costs not borne or paid by your insurer, such as the deductible.


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