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Should You Rent A Car After Your Accident?

Posted by Harlene Labrum | Dec 17, 2020

Should You Rent A Car After Your Accident?

Renting a car may be essential if your vehicle sustained damage or was totaled in a car accident. Your own car may be in the repair shop for days or even weeks. If your vehicle is a write-off, the purchase of a replacement vehicle could take quite some time. Accident victims will need a car to get to and from work, see their doctor, or take their children to school. However, they need to know what actions to take to avoid getting stuck with car rental costs. The at-fault driver, and specifically the negligent party's car insurance, should pay for the accident victim's car rental.

A car accident can come as a shock, and you may not know where to turn for advice and help in the days afterward. You should not have to shoulder the damages and expenses yourself if another driver acted negligently and caused your accident. Since it may take some time before you can recover any compensation from the negligent party, you should seek legal advice as soon as possible regarding your immediate out-of-pocket costs, such as a rental car after your accident.  Contact Labrum Law Firm for help today. We can determine whether you have a claim and explain your rights regarding issues such as car rental, medical expenses, and other upfront costs after an accident. Contact an experienced car accident attorney today for a free consultation at (615) 338-9500.

Filing a Claim for Car Rental Costs

Most of us need the use of a car on a daily basis. You have several options for obtaining payments for a rental car while your own is in a repair shop.

Negligent Driver's Car Insurance

The most frequently used course of action for recovering any accident expenses is to obtain compensation from the at-fault driver and their insurance. If you can prove the accident was a result of the other driver's negligence, you could recover car rental as part of an overall settlement. The other driver's car insurance company should include the cost of a rental car in the settlement. However, it can take quite some time before accident victims hold any compensation in their hands. In other words, you may have to pay for the rental car upfront and out of your own pocket.

Victim's Car Insurance

However, accident victims could recover the cost of car rental from their own insurance company. In that way, there is no wait for a settlement or compensation, and accident victims can avoid having to foot any upfront bills for car rental. It is important to note that this option is only available to those with a rental reimbursement clause in their car insurance policy. According to the Insurance Information Institute (III) rental reimbursement coverage can be added to most policies for a nominal extra payment.

The amount you can claim from your own insurance company for car rental expenses will depend on your specific policy and amount of coverage. Car insurances may not pay for car rental costs that go above a certain per-day amount. Policies also typically contain a maximum coverage amount. This means you could still have some out-of-pocket expenses for car rental, especially if you need a rental vehicle for more than just a few days after an accident.

After an accident, dealing with property damage can be complicated and frustrating, especially if the negligent driver's car insurance disputes or delays providing you a full and fair settlement.  The experienced lawyers at Labrum Law Firm can help you with your insurance claim after a car accident. Call us today for assistance and advice. 

Other Types of Compensation Available for Victims of Car Accidents

Accident victims may incur costs in addition to a rental car after an accident. In fact, if your car was severely damaged or totaled, you most likely also suffered some injuries and other financial losses in an accident. Even if you only suffered minor injuries, such as whiplash, you may have medical costs, loss of income due to inability to return to work, and other incurred out-of-pocket expenses. The more serious your injuries, the higher your compensation amount could be from the negligent party. If someone else caused your accident, injuries, and property damage, they have a legal responsibility to compensate you for your injuries and losses. In a personal injury lawsuit against the at-fault driver, you could potentially recover compensation, such as:

  • Medical expenses and future medical expenses
  • Loss of income and future loss of income
  • Repair or replacement of a car and other property damage
  • Physical pain and suffering
  • Emotional anguish
  • Inconvenience
  • Scarring and disfigurement
  • Permanent disability

No two car accidents are the same, and compensation will vary accordingly. Depending on your individual car accident claim, you could be entitled to other or additional types of compensation.

Proving Negligence in Car Accidents

In order to recover any compensation, including a rental car after an accident, a plaintiff will have to prove the negligence of the other driver. In legal terms, you will have to prove that

  1. The defendant owed a duty of care
  2. They breached the duty of care
  3. The breach directly caused the accident
  4. You have damages such as injuries and rental car costs

There can be many ways in which another driver may have breached their duty of care. According to the National Highway Traffic Safety Administration (NHTSA), more than 90 percent of accidents are caused by negligent or careless drivers. A driver could be responsible for an accident victim's damages if they were driving under the influence of alcohol or drugs, were speeding, ignored traffic signals, or operated the motor vehicle in a dangerous or reckless way. Visiting with an experienced car accident lawyer from Labrum Law Firm can help you better understand your legal rights.

How Car Accident Lawyers Ensure Your Legal Rights Are Protected

Making the decision whether or not you should rent a car after your accident is only the tip of the iceburg. Victims of car accidents often have to deal with medical issues, lost wages, pain and suffering and negotiate with insurance companies in order to receive compensation for their injuries and losses. Having a knowledgeable car accident in your corner, fighting for your legal rights, and a fair and just settlement can provide great comfort, especially for those victims still recovering from the consequences of a car accident. Some ways in which a car accident lawyer can help you receive compensation for your injuries and losses include:

  • Providing legal advice and guidance
  • Dealing with the necessary paperwork to the insurance company or court
  • Analyzing your car accident thoroughly and determining all at-fault parties
  • Gathering the evidence to prove your claim and damages
  • Calculating your damages and future expected damages, including your rental car expenses
  • Negotiating with the at-fault party and their insurance
  • Represent you aggressively in court

You do not have to struggle with a complicated car accident claim all by yourself. Contact the Labrum Law Firm now at (615) 338-9500 for your free, no-obligation case review.

About the Author

Harlene Labrum

Harlene is focused and passionate about helping those injured in car wrecks.  She earned her J.D. at Nashville School of Law and her Bachelor's degree at State University of New York at Albany, awarded with the highest GPA and high honors.  Harlene began her career in law as a personal injury par...

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