How can I get a rental car after my car accident?
If you are not at fault in a motor vehicle accident, the insurance company for the person that is at fault should provide you a rental until your vehicle is repaired. You should contact the insurance adjuster for the at-fault insurance company, provide them the claim number and ask for a rental vehicle immediately. If you are unable to reach the insurance adjuster, send an email to the adjuster immediately requesting a rental vehicle.
If your vehicle is not drivable after the accident, the insurance company owes you a rental vehicle from the day of the accident until your vehicle is repaired or until your vehicle is totaled and payment is made to you for your total loss.
If your vehicle only had minor damage and is safe and legal to drive with the damage from the accident, the insurance company is only required to provide you a rental vehicle while your car is being repaired.
What type of rental should the insurance company provide?
The insurance company is required to provide you a car of similar size and model. If you drive a SUV or a truck, you should receive the same type of vehicle as a rental. If you have a 7 passenger SUV, then you should be provided an SUV with similar seating space.
The insurance company must cover the entire cost of the rental, but they are not required to pay for any additional insurance you take for the rental, your gas or tolls.
If a rental is not provided to you timely, the insurance company owes you “loss of use”. Loss of use is an amount equal to the average cost of a rental for the number of days you did not have your car and were not provided a rental. For example, if it took 5 days after the accident to get you a rental, you should receive a check for $150.00 approximately for the days you did not have a vehicle until they provided you a rental. I once had an insurance company take two months to provide a rental to my client and they ended up paying my client over $2,400.00 in loss of use!
Why is the insurance company not giving me a rental car?
There are a few situations, some legitimate and some not, where the insurance company will not provide you a rental.
The most common reason for a rental denial is the insurance company says “we are still investigating the accident”. This is usually a delay tactic. If it is a simple accident and fault is clear, it shouldn’t take more than two to three days to investigate the accident and provide you a rental.
The other reason, which is legitimate, is in cases where the insurance company only has small property damage limits (the minimum in Florida is $10,000.00). In a situation where a person has caused major damage to multiple vehicles, and the total damages likely exceed the policy limits of $10,000.00, the insurance company will not issue a rental because they will not be able to fully pay the claim for all parties.
What are some solutions if I can’t get a rental?
Always ask the insurance adjuster the exact reasons you cannot get a rental and follow this up with an email to confirm. If you are not satisfied with their answer, you are always allowed to speak with their supervisor for further clarification or if you disagree.
If you have rental coverage on your own insurance policy, you can also use that to get a rental. It is always a good idea after an accident to know what coverage you have on your own policy.