Visitor Question

How do I demand a rental vehicle after an accident?

Submitted By: Anonymous (Warrensburg, Missouri)

I was rear ended at high speed while sitting at a complete stop at a traffic signal. The woman driving admitted fault in the police report. I went to the emergency room, and since then have had to attend multiple ongoing chiropractic appointments AND now physical therapy.

There was a CT scan ordered after the accident, and multiple x-rays since then. My vehicle is not safe to be driven and needs extensive repairs. I’ve also lost 2 weeks in wages. I cannot sleep at night because it is impossible to find a sleeping position comfortable enough that does not cause pain due to my neck and back injuries.

I need to know how can I demand a rental vehicle immediately, and do I have to do that through the person at fault’s insurance agency? Are there any other actions I can take? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Assuming you have the at-fault driver’s insurance information, contact the driver’s insurance company and, if you haven’t already, file an injury and property damage claim. In most cases, there will be two adjusters involved in a claim; one adjuster handles the property damage aspect of the claim, and the other the injury aspect.

While you have no legal right to a rental car paid for by the at-fault driver’s insurance company, in most cases, when an insurance company’s insured causes an accident resulting in property damage, the company will pay for the victim’s rental car for a reasonable amount of time.

Alternatively, you can turn to your own insurance company to see if they will pay for a rental car. Finally, if the driver’s insurance company is procrastinating, consider renting a car out-of-pocket. It is likely the driver’s insurance company will subsequently reimburse you.

Learn more here: Types of Damages

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

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