QUESTION

I was hit from behind and my car couldn't be fixed, does their insurance company liable also to rent me a car in the meantime?

Asked on Jul 16th, 2013 on Personal Injury - California
More details to this question:
I know I'll get money to buy a new car to replace the one they destroyed but I need a car for in the mean time. I can't rent a car because I have no credit card. It makes sense that their insurance would cover the cost of renting me one. Someone said when I get an attorney, he'll pay for it and be reimbursed but the car rental said it doesn't work that way. Who rents the car?
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11 ANSWERS

Ronald A. Steinberg
Not in Michigan.
Answered on Jul 22nd, 2013 at 6:40 AM

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If this happened in Washington state, you have a problem and here is why: The law in this state assumes that you have the money to purchase a replacement vehicle if yours has been declared to be a total loss. If the car has not been totaled, then the law allows you a reasonable amount of time within which to have the vehicle repaired. Insurance companies will take the position that they have to provide a rental if they are going to pay to have yours fixed, and they try to steer you to their "certified" auto repair shops so as to get your car fixed in a hurry and to cut off the need for a rental. On the other hand, if they are going to total the car, they want to issue you a check for the fair market value of the car as quick as they can so as to cut off the possible need for a rental car. (Some times they will allow a rental car for a very short period of time, and some insurers flat out won't pay for a rental if the vehicle has been "totaled". Demand a rental and see what they offer. Will an attorney pay for the rental? Our canons of ethics state that we can not pay for renting a potential client a car, so if your attorney says he will do so, ask him or her what canon of ethics says he or she can do that.
Answered on Jul 16th, 2013 at 10:18 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It is really not a clear cut issue. In most states, the at fault driver must pay for the cost of repair and loss of use (which is equivalent of rental) while the car is repaired. If the car is totaled, the at fault driver is responsible for the fair market value of the car only. The rationale for this rule is the car must be replaced, not repaired, and there is no down time for fixing the car. The courts in some states have ruled that you are entitled to be compensated for loss of use until you can replace the car. Some insurers have a policy, where a car is totaled, of paying for a rental car until they make an offer of settlement. My advice is to harass the adjuster until you get them to provide a rental car.
Answered on Jul 16th, 2013 at 6:35 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If your car is a total loss they will pay you the fair market value as soon as the investigation and appraisal are concluded, usually a matter of days. Most insurance company will rent you a car for that brief period. Have you asked them?
Answered on Jul 16th, 2013 at 6:33 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Not in Michigan. In Michigan it is your responsibility to purchase collision and rental car coverage or not. If you do not, you are "self insured" such that any car repairs or rental cars come out of your pocket. You may sue for the so-called mini-tort as to any unreimbursed collision deductibles (and I'm not sure if mini-tort would include out of pocket car rentals now that I think of it?). You should probably do an internet search re: Michigan mini-tort to more properly answer the rental car part of your question.
Answered on Jul 16th, 2013 at 6:32 PM

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Personal Injury Attorney serving Beverly Hills, CA at Hyp Law Group
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You should immediately retain the assistance of counsel. Most attorneys that would handle this matter, including our firm, would not take or charge any money from you. They would represent you on a contingency basis. But if you wish to receive a fair settlement, you must seek legal advice.
Answered on Jul 16th, 2013 at 6:30 PM

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Thomas Edward Gates
You are the only one that is able to rent the car. While the insurance company may being willing to reimburse your the rental, you still must personally qualify to do so. An attorney cannot loan money to a client, hence, he cannot cover the costs. Looks like you are out of luck.
Answered on Jul 16th, 2013 at 6:29 PM

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Motor Vehicle Accidents Attorney serving Van Nuys, CA at Law Offices of Andrew C. Sigal
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The other driver's insurance company is liable for the cost of renting a comparable vehicle to the one you were driving. The insurance company is not responsible for the cost of insurance, if you purchase the insurance provided by the rental agency. If your insurance company covers you in a rented car, then you do not need the car rental insurance. Most insurance companies will require you to rent the car. When your property damage claim is resolved, you send the insurance company the cost you incurred for renting the car. The insurance company will send you a check for that amount. Very few insurance companies will advance the cost of a car rental.
Answered on Jul 16th, 2013 at 6:28 PM

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James Eugene Hasser
The other driver's insurance company should pay for the rental until your car is repaired or if it's totaled, until settlement or negotiations have ceased. If they won't pay, make a claim with your own insurance company and let them worry about getting their money back.
Answered on Jul 16th, 2013 at 6:16 PM

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NA richard@jandjlaw.com
On a total loss situation (cost of repair exceeds the FMV of the car at the time of the acc), many times the liability insurer, in a clear liability, no comparative fault case, will pay for a rental car for you, but only up to the time when they have made you what they consider to be a reasonable offer on your total loss/a reasonable offer to buy your car and sell the salvage.
Answered on Jul 16th, 2013 at 6:16 PM

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You are the one who has to rent the car and later get reimbursed by the insurance company for the reasonable cost and time period of the rental. The attorney will not pay you the amount owed the rental agency. You will get the fair market value of the car or the cost of repair, whichever is less. So you will not get paid the amount needed to buy the same car as their is a dealer's profit, registration, and other costs involved.
Answered on Jul 16th, 2013 at 6:15 PM

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