If you are not at fault for a Virginia car accident you were involved in, the other driver’s insurance should cover the costs of your rental car until your vehicle is repaired or replaced. Understanding your rights regarding a rental car is crucial if your vehicle is totaled or becomes temporarily undrivable after an accident.
Does the At-Fault Driver’s Insurance Company Have to Supply Me with a Rental Vehicle Similar to Mine?
Under Va. Code § 8.01-66, the at-fault driver’s insurance company must pay for a rental car comparable to your own in terms of size, model, and features. For example, you should not have to accept a compact rental car if you drive an SUV. You have the right to push back if the insurer tries providing a vehicle that is not truly comparable. However, keep in mind that specialty or luxury vehicles can be more challenging for them to source as rentals. Working with an experienced Virginia car accident attorney can help the process go more smoothly.
How Long Can I Rent a Vehicle?
If your car is repairable, you can continue renting a comparable vehicle until your car is fixed and returned to you. If your car is totaled, you can rent through the at-fault insurer until they have paid the fair market value of your vehicle to you or your lienholder. At that point, the rental coverage will end since you have received compensation for the total loss of your vehicle. You should try to line up a replacement vehicle as early as possible to avoid paying rental car costs out-of-pocket.
Would Filing a Rental Claim with My Own Insurance Company Get Me a Rental Car More Quickly?
Filing a rental car claim with your own insurance company can sometimes get you into a rental car more quickly than waiting for the at-fault driver’s insurer to admit liability. Most insurance policies have time limits on when they must provide you with a rental, such as within 24 hours of reporting your car as undrivable. The at-fault insurer has no such contractual obligations to you. From a financial perspective, however, it’s often better to try to work through the at-fault party’s insurer to avoid having to pay your deductible.
Does Virginia Law Require Car Rental Insurance as Part of My Coverage?
Virginia law does not require drivers to carry rental car insurance coverage as part of their auto insurance policy (Va. Code § 46.2-472). However, Va. Code 38.2-2230 states that your insurer must offer it. Purchasing rental car coverage can be beneficial in certain situations. This additional coverage will pay for a rental car if your vehicle requires repairs after an accident, whether you were at fault or not. Without rental coverage, you would have to pay for the rental car yourself if the accident was your fault.
Do I Have to Purchase the Additional Insurance the Rental Company Is Trying to Sell Me to Rent the Vehicle?
The rental car company may try to sell you supplemental liability protection or damage waivers. However, when renting a vehicle the at-fault driver’s insurer is paying for, you should not need to purchase any additional insurance options. Liability coverage should already be provided through the at-fault driver’s policy, as they are responsible for covering your rental. Damage to the rental vehicle is also the responsibility of the at-fault insurer’s policy, not yours. Politely decline any extra insurance products the rental car company may offer you.
Can My Insurance Company Recover My Rental Expenses from the At-Fault Driver?
If you had to pay out-of-pocket or file a claim through your own insurer for rental coverage, your insurer may be able to recover those expenses from the at-fault driver or their insurer. Your insurer has a right to recoup funds they paid if another party was liable for the loss. As such, they may claim back any rental costs they covered on your behalf.
What Happens If the Other Driver Has No Insurance?
Accidents resulting from the negligent actions of uninsured drivers are all too common. If the at-fault motorist has no insurance, you cannot make a claim for rental reimbursement through their insurer. In that case, you would need to either pay rental costs yourself or file a claim under your own policy’s rental coverage if you purchased that additional protection. Your insurer may then attempt to pursue the uninsured driver personally in court for repayment.
If the accident with the uninsured driver left you with injuries or other losses, a skilled car accident attorney can file legal action against them to recover damages on your behalf.
Am I Required to Talk with the At-Fault Driver’s Insurance Company?
You have no obligation to provide a statement to the at-fault driver’s insurance company. It is often advisable to avoid talking to them and instead go through your attorney, who can protect you from accidentally making statements that could hurt your ability to maximize your claim. Letting your legal team handle communications with the at-fault party’s insurance provider will also signal to the insurance adjuster that they need to take your claim seriously.
Contact a Virginia Car Accident Lawyer
If your car has been damaged in a crash due to another party’s negligence, you should not have to shoulder the financial consequences. To protect your rights to fair compensation, including reimbursement of rental car expenses, consult an experienced Virginia car accident attorney.
For over 100 years, the experienced lawyers at Marks & Harrison have successfully represented injured individuals across Virginia. Our dedicated team of experienced personal injury lawyers has the knowledge and resources to handle even the most complex auto accident cases. We have recovered millions of dollars for clients through negotiations, settlements, and jury verdicts. When you choose Marks & Harrison, you can trust you are in good hands. Let our attorneys put their experience to work for you to pursue fair compensation from the at-fault driver’s insurer.
Contact Marks & Harrison today for a free consultation to learn more about how we can help you.
