When clients contact our car accident law firm because they have been injured in a crash caused by another driver, they may be unsure about a number of issues. One of those issues is whether they are entitled to a rental car if their vehicle needs repair or has been totaled.

If you are not at fault in the accident, you are generally entitled to a rental car while your vehicle is being repaired or replaced. This is covered under the at-fault party’s insurance policy. Virginia law recognizes that being without a vehicle creates significant inconvenience, so the responsible party is required to compensate you for the loss of use of your car.

If you have rental car coverage under your own insurance policy, you can also use it to get a rental vehicle while waiting for the claim to be processed. This can speed up the process, especially if there are delays in determining liability.

If you’ve been injured in a crash and would like to learn your legal options, don’t hesitate to reach out. At Shapiro, Washburn & Sharp, we can evaluate your case and determine your recourse for recovering damages. Call us today at 833-997-1774 for a free consultation.

How Does the Process for Getting a Rental Car Work After an Accident?

The process typically follows these steps:

  • Report the accident: Notify both your insurance company and the at-fault driver’s insurance company about the accident. Provide all necessary details, including the police report and contact information for the other driver.
  • Establish liability: Liability must be determined before an insurer provides a rental car. If the other driver is clearly at fault, their insurance company will approve your rental. However, if liability is disputed, you may need to rely on your own policy’s rental coverage until the issue is resolved.
  • Coordinate with the rental company: Once liability is established, the insurance company will usually arrange a rental car for you directly or reimburse you for the cost of renting one. Some insurers have direct agreements with specific rental car companies, making the process more streamlined.
  • Understand coverage limits: Insurers typically cover rental car costs up to a certain daily rate and for a limited number of days. Ensure you understand these limits to avoid out-of-pocket expenses.

What Happens If the Insurance Company Delays or Denies the Rental Car?

Delays or denials can happen for various reasons, such as disputes over fault or insufficient communication. Here’s how to address these issues:

  • Use your own policy: If the other driver’s insurance delays approving your rental car, you can turn to your own insurer if you have rental car coverage. Your insurer will seek reimbursement from the at-fault driver’s insurer later through a process called subrogation.
  • Keep documentation: Save all receipts, invoices, and communication regarding the rental car. If the at-fault insurer ultimately accepts liability, you can submit these documents for reimbursement.
  • Contact an attorney: If the insurer denies liability or refuses to pay for your rental car, consulting a car accident lawyer can help. An experienced lawyer can negotiate with the insurance company or file a claim to recover your losses, including rental car expenses.

What Should I Know About the Type and Duration of the Rental Car?

Understanding the type and duration of your rental car coverage can prevent surprises during the process:

  • Vehicle type: The insurance company is typically required to provide a rental vehicle comparable to your damaged vehicle. For example, if you drive a minivan or SUV, the insurer should offer a similar model instead of a compact car. If they fail to provide a comparable car, you can negotiate or seek legal assistance.
  • Duration of coverage: The insurer must cover the rental car costs for a reasonable amount of time, which includes the duration of vehicle repairs and the time needed to replace your vehicle if it is totaled. Delays caused by parts shortages or other repair-related issues are usually considered when determining the rental car period.
  • Excess costs: If you choose a more expensive rental car than what the insurer approves, you may have to pay the difference out of pocket. Always confirm coverage limits before renting.

How Can Our Personal Injury Firm Help?

At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your car accident case.

If you’ve been injured in a motor vehicle accident through no fault of your own and want to talk about your options, we are here to help. We’d be more than happy to discuss your case, your options, and the best plan of attack to ensure that you are fairly compensated and taken care of for your injuries.

Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.