After a car accident, your rental car could be paid for by your own car insurance company or the insurance provider of the party who caused the accident. Depending on the policy and the circumstances, you may have to pay out of pocket and seek reimbursement later. Speak with an experienced car accident lawyer in San Antonio for legal guidance.
When Does Someone Else’s Car Insurance Cover a Rental Car?
If another driver caused your crash in Texas, such as by distracted driving or speeding, his or her automobile insurance company will most likely be responsible for paying for your rental car while your vehicle is undergoing necessary repairs or while you search for a replacement (if your car was totaled).
It is necessary to understand who is responsible for paying for your car accident based on Texas’s insurance laws. Texas is an at-fault state, which means you have the right to file a claim and seek financial compensation from the insurance carrier of the at-fault driver. You or your San Antonio injury lawyer will have to prove fault to qualify for a settlement or judgment award for your losses.
The at-fault driver will be liable or financially responsible for all of your related losses, including the costs of repairing your vehicle, your medical expenses, lost wages and a rental car. The standard liability insurance that is required of all drivers in Texas covers the cost of a vehicle rental. The insurance company will typically only pay for a rental that is comparable to the wrecked vehicle; don’t expect a sports car, for example, if you typically drive a compact car.
What Is First-Party Rental Car Reimbursement Coverage?
After a car accident in Texas, contact your own car insurance provider to find out if your policy includes rental reimbursement insurance. If so, you can file a claim with your car insurance carrier for this type of payment. Your insurance company may provide you with a rental car at no out-of-pocket cost, or have you pay for the car upfront and reimburse you later. This type of first-party insurance will pay for your rental regardless of fault for the automobile accident.
What If My Car Is Totaled?
If your motor vehicle is totaled, meaning an insurance company’s evaluation of the damage has declared it a “total loss” (the cost of repairs exceeds the overall value of the vehicle), the other driver’s insurance company generally will not be legally required to provide you with a rental car or reimburse you for rental car costs.
If your vehicle was totaled in the car accident, the insurance company will give you an amount equivalent to the total pre-crash value of the car. You are expected to use this money to arrange a replacement for the vehicle. While some policies will cover the cost of a rental car for a limited number of days, this is a matter of policy and typically not a legal obligation.
How a Car Accident Lawyer in Texas Can Help
Even if you are entitled to coverage from another driver’s car insurance company to pay for your rental car, this does not mean the insurer will make it easy. Insurance companies focus on their own profits and best interests. They can use many tactics to avoid paying a fair amount for a claim, including blaming you for the crash, delaying your payout or even denying a valid claim.
You may need to contact a car accident lawyer for help during the claims process to pursue fair compensation for your vehicle rental expenses, among other losses. A lawyer can help you hold another driver or insurance company accountable for the full amount of your past and future losses – including the money you spent on a rental car while your vehicle was in the repair shop. A lawyer will take over settlement negotiations for you to negotiate for a fair and full amount.