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The costs to rent a rental car after an accident may be covered by your insurance company or the defendant’s if you file a claim with them. Or, you may have to pay out of pocket and wait to get your money back in the car accident settlement.
Who pays for a rental car depends on how serious the accident was (and thus your eligibility to file an insurance claim with the other party’s carrier) and who was at fault. Paying damages and determining who owes what can quickly become contentious, so it’s essential to hire a Boca Raton car accident lawyer as soon as possible after the crash to ensure your rights are protected.
Determining who pays rental costs while your car is in the shop
If you need to rent a car while yours is being repaired, there are a few options. Your own insurance coverage may include renting a car, so you could file a claim with your carrier. It may pursue a subrogation action against the other driver to recover the expense it incurred.
Or, the other driver’s insurance may cover the cost if they are clearly at fault for the wreck, but you may need to file a claim with that company first. Remember, Florida is a no-fault insurance state, so unless you’re seriously injured (per the state’s definition of seriously injured), you may not be able to file a claim with the other driver.
If you are at fault or if you’re not seriously injured, your PIP no-fault insurance policy may cover a rental car, depending on the terms. Some policies allow drivers to opt out of rental car coverage, so check your declarations page carefully and talk to your insurance adjuster about what your plan includes.
How long will insurance pay for my rental car?
Your policy may have specific terms about how long it will pay for a car rental after an accident. Some may only have a three or five-day limit, while others may pay the rental fees until the car is repaired. However, if your car is a total loss—and you must replace it, not repair it—you may have to pay some rental costs out of pocket.
Your insurance company may work with you on the rental, especially if it’s clear that the other driver is in the wrong, and there’s a good chance the company will get its money back through a subrogation action.
How a car accident lawyer can help
Florida’s no-fault rule for car accident claims requires all drivers to carry Personal Injury Protection (PIP) insurance coverage, which pays for their medical care and property damage. However, Florida law has a provision for victims who were seriously injured, allowing them to file a lawsuit for damages against the at-fault driver.
An experienced attorney can help determine who pays for a rental car after an accident and ensure you aren’t stuck with the bill. They can negotiate with the insurance company for a fair settlement, and take the case to trial if the other driver’s carrier refuses a reasonable offer. Your lawyer can work with your insurance company, too, which can be a big relief if you’re severely injured and recuperating.
Need help with rental car coverage after a crash? Start here
Don’t let confusion over rental car coverage delay your recovery. We’ll help you file your claim and fight for full reimbursement. If you’ve been involved in a crash and need help understanding your rights and options for coverage of your rental car expenses, we can help you get fair compensation. Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation with an experienced car accident attorney.