Car Accidents
If another driver caused the accident, you can seek reasonable rental car expenses as part of your property damage claim. The other driver’s insurer may arrange a rental once it accepts liability and confirms coverage. If it has not approved payment, check your own rental coverage before paying out of pocket.
Getting a rental car from an insurance company can be challenging for a car accident victim. Waiting for repairs or a settlement check for your totaled car often takes too long. If you are like most of us, you need a car to live your life. You still need to get to work if you can, get your kids to school, and keep living your life. Obviously, these concerns are more pronounced in one-car families. If you are in an accident because of someone else’s mistake, there is usually a path to getting a rental car.
Usually, getting a rental car from the at-fault insurance company is easy. Unless it is not. In that case, getting a rental car after an accident can be World War III. If you are injured, your lawyer may be able to help with the rental dispute as part of handling your injury claim. Ask whether there is any separate charge. If you have not suffered injuries, finding a lawyer can be a challenge because most personal injury lawyers do not take property damage claims on their own.
This article lays out the best way to solve your problem by helping you get a rental car when the insurance company tries to deny you the vehicle you are entitled to.
How to Get the Rental Car
- Open a property damage claim with the other driver’s insurer and get the claim number.
- Ask whether the insurer has accepted liability and authorized a rental.
- Get the daily rate, vehicle class, payment arrangement, and return date in writing.
- If the insurer delays, check your own rental reimbursement coverage.
- Keep your receipts and request any extension before the current authorization expires.
This page focuses on Maryland claims. Your own policy and the law where the accident occurred can affect your options.
Who Pays for a Rental Car After an Accident?
The first question is who is responsible for a rental car in an accident. If someone else caused the crash, you may be able to include reasonable rental expenses in your claim against that driver. The insurer may pay the rental company directly or reimburse you, subject to coverage, available limits, and the reasonable cost and duration of the rental.
Your own rental reimbursement coverage is a separate option. It pays according to your policy’s terms and limits. Do not count on PIP. Personal injury protection pays for medical bills and lost wages. It does not pay for a rental car.
How to Get a Rental Car Through the Other Driver’s Insurance
Hopefully, this process goes smoothly for you. The most straightforward path is when the at-fault driver’s insurance company agrees to immediately (with immediately being the operative word) accept liability for the traffic collision. Ask the adjuster to arrange the rental and confirm what the insurer will pay. A repairable car and a totaled car can have different rental cutoff dates, so get the authorized period in writing rather than assuming the rental lasts until a settlement check arrives.
What If the Insurance Company Delays or Denies the Rental?
More problematic is when the at-fault insurance company does not decide on a rental at all. This state of limbo puts you in a pickle. Insurance companies sometimes make no decision when they cannot reach their driver to obtain their version of the crash. The biggest problem in getting a rental car is when the at-fault carrier denies responsibility outright.
The insurer may refuse to arrange or advance payment for a rental while it investigates or disputes fault. That does not necessarily defeat your claim for reasonable rental expenses incurred during that period. Reimbursement can still depend on liability, coverage, available limits, and whether the rental charges were reasonable. But in the meantime, you have to front the money to pay for the rental vehicle or find another way to get one.
Plan B: Use Your Own Rental Coverage
Plan B is to determine if you have rental coverage through your insurance company. If you do, they will pay according to the coverage you purchased, which may run out before your property damage issues are resolved. Your insurance company may, in turn, pursue the at-fault driver’s insurance company. The insurer’s goal is to get compensated for the money they paid for your rental car once responsibility for the motor vehicle crash is resolved. Check your limits before you pick up the car. Rental reimbursement coverage usually caps what it pays per day and in total, and a low daily cap may not cover a comparable vehicle.
Ask whether your policy requires a covered collision or comprehensive claim to activate the rental benefit. A deductible may apply to the vehicle damage claim; it is not automatically a separate deductible for rental reimbursement. If your insurer recovers from the at-fault carrier, ask about recovery of your deductible as well.
Plan C: Pay for the Rental Yourself
Not everyone can front this expense. If you do, you assume the risk that liability will be resolved in your favor. Keep every receipt. In Maryland, ethics rules generally prohibit your lawyer from advancing ordinary personal expenses, such as a rental car, in connection with your case. Paying litigation expenses is different. This is a terrible situation. There are no easy answers. If you cannot afford a rental and go without a car, you may still have a claim for the loss of use of your vehicle. Raise it with the adjuster.
What If the Other Driver Is Uninsured?
Ask your insurer about uninsured motorist property damage coverage. The Maryland Insurance Administration’s auto insurance guide explains that uninsured motorist coverage can include loss of use, such as reasonable rental expenses. Coverage requirements, deductibles, and limits still apply. Do not assume that having no separate rental reimbursement endorsement leaves you without any possible coverage.
Apply Pressure on the At-Fault Insurance Company
The key is to apply pressure on the at-fault driver’s insurance company. Not having a lawyer limits the pressure you can apply because you do not have a hammer. Lawsuits are hammers. But you can still apply pressure on the insurer to do the right thing:
- Ask the adjuster when they will make a liability decision, and ask for that decision in writing.
- Follow up every phone call with an email summarizing what was said.
- If the adjuster stops returning your calls, ask for a supervisor.
- If the delay drags on, file a complaint with the Maryland Insurance Administration.
Remember, you must comply with the time limit to file a claim in your jurisdiction. Were you hurt in the crash? Your lawyer cannot pay for your rental car, but your lawyer can put real pressure on the insurance company while handling your injury claim. Call us at 800-553-8082.
Can I Get a Comparable Rental Vehicle?
The rental vehicle should reasonably meet the transportation needs left unmet by the damaged vehicle. If you were driving a pickup truck and need its hauling capacity for work, explain why a subcompact will not do. The same goes for a family that needs enough seats for its children.
Ask the adjuster to approve the vehicle class and rate before you rent. A comparable vehicle does not necessarily mean the same make, model, or luxury features. Your own policy’s daily limit may also be lower than the cost of the replacement you need.
Before You Pick Up the Rental Car
Get these details settled before you sign the rental agreement:
- Payment: Will the insurer pay the rental company directly, or do you have to pay and request reimbursement?
- Rate and vehicle: What daily rate and vehicle class have been approved?
- Taxes and fees: Which taxes and mandatory fees are included in the authorization?
- Return date: When does the authorization end, and who approves an extension?
- Extras: Who pays for optional protection products, upgrades, additional drivers, or other charges?
- Deposit: Will the rental company require a card or deposit even if the insurer is paying the rental charge?
An insurer approving a rental does not mean it has approved everything the rental counter offers. Check your existing insurance before deciding whether to purchase additional protection.
Example Email to the Insurance Adjuster to Get Rental Car
Subject: Rental authorization for claim [claim number]
My vehicle is unavailable because of the accident on [date]. Please confirm whether you have accepted liability and authorized a rental vehicle.
Please provide the approved vehicle class, daily rate, treatment of taxes and fees, and whether you will pay the rental company directly or reimburse me. I also need the authorized return date and the procedure for requesting an extension if repairs are delayed.
If you have not authorized the rental, please explain what information you still need and when you expect to make a decision. Please respond in writing.
How Long Will Insurance Pay for a Rental Car After an Accident?
For a claim against the other driver, the rental period should reflect a reasonable repair or replacement period. Your own rental reimbursement coverage has its own limits. Delays that you cause will not extend the period you can reasonably claim.
Remember that laws differ in each state, and insurance companies have different policies. Clear communication and documentation with the insurance company make a big difference. So communicate with the adjuster promptly after the accident. Inform them about the situation, provide any necessary documentation, and ask how long they will cover the rental before you need to return it. Ask for any extension in writing before the current authorization expires. These situations can quickly become “he said/she said.” Documentation and communication can solve this problem.
If your car is totaled, the insurer may end rental authorization shortly after making a settlement offer. Do not assume it will keep paying until you agree on the vehicle’s value, receive the check, or buy another car. Ask for the exact cutoff date and the basis for it. If you disagree, raise the dispute immediately and keep the rental charges reasonable.
If your car is being repaired, send the adjuster the shop’s updated completion date and the reason for any delay. A parts delay or newly discovered damage may support an extension, but do not assume the shop has obtained one for you.
How Long Does It Take to Get a Rental Car After an Accident?
As our lawyers discussed above, how long it takes to get a rental car from the at-fault driver’s insurance company will depend on how soon they accept responsibility for the crash. If the insurer doubts who is responsible, or their insured is adamant that she was not solely at fault, the insurance company will do a more extensive investigation before footing the bill for a rental car.
Rental Car After an Accident FAQs
Tips on Each Insurance Company
- Answers to common car accident claim questions
- How to get everything you deserve in your property damage claim
- Handling your claim without a lawyer
- Bringing a diminished value claim
What Should I Do If I Have Suffered a Serious Injury in My Car or Truck Accident?
We handle severe injury auto accident cases in the Baltimore-Washington area. Our firm has won at trial in hundreds of motor vehicle collision cases. We have also successfully settled thousands of cases for clients, earning over $100 million in compensation for personal injury victims in settlements and trial verdicts. If you or someone you love has been injured or killed in a car accident, call us at 800-553-8082 or click here for a free consultation via the Internet.
More Information on Your Claim
- Help Center (a path through the maze of civil tort claims)
- Example of a Demand Letter to the Insurance Company
- How Long Will Your Settlement Take? Short answer: it depends.
- Do I Need a Lawyer? Short answer: maybe.
- Can I Fire My Lawyer? Short answer: absolutely.
- What Is the Value of My Injury Case?
- The Settlement Value of Your Case