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Is it possible to go after her insurance for a car rental? For loss time at work?

San Diego, CA |

About four days ago I was in a car accident. My car was totaled and I am left without transportation. The other driver was totally at fault, but I haven't even had her insurance adjuster out yet to look at my car! I need some way to get around that will work with MY schedule- I go to school and work. Classes start in two days.

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Attorney answers 5


Clearly the other driver is responsible for all of the out-of-pocket costs that are incurred. However many times the other parties insurance company will delay payment. If you have insurance you can go through your own insurance company for the automobile rental and they will be reimbursed by the other parties insurance company. If not, you can go ahead and rent the vehicle and then get reimbursed by the other parties insurance company at some later date.

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at


Discuss a rental with your own insurance company, and they can get reimbursed from the driver's insurance company.

Only 29% Contingency Fee! Phone: 215-510-6755


Yes but it may be quicker to get it through your insurer


If you were injured, you should seek prompt medical attention and retain an attorney. On the car issue: You are entitled to "loss of use" of your vehicle. An attorney could assist you in opening a claim with her insurance company and demanding that they pay for a rental car for you. Some insurance carriers will pay the rental agency directly and some require that you pay for the rental car and then be reimbursed once your car has been inspected and you have been paid the fair market value for the vehicle. Without more facts about how the accident happened, it is hard to provide an analysis of liability but, I would be glad to speak with you further about the incident either via email or phone. My toll free number is 866-229-0101.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


I agree with the other commentors.
Ordinarilly, it would be best to go through your own PD insurance. And let them deal with the other party's
If you have rental insurance, they will pay for it. If not, then the other party's in
will provide you with a rental or reimburse you for the out of pocket expense.
You are entitled to compensation for medical bills, property damage, dimminution in value of your vehicle, lost wages - or lost income, along with general damages for pain & suffering and inconvenience.

Most insurance companies have separate adjusters for individuals who are represented by an attorney. Other party's insurance companies do not have to deal with you in good faith, so it can be prudent to have an attorney represent you. The settlement negotiated by an attorney will usually be more in your pocket even after deducting the contingent fee.

Call me for a free consultation.

IVAN SCHWARTZ 619-687-5052

Ivan Schwartz has been practicing law in Southern California since 1991. The information contained in this response is for general information only, does not constitute legal advice and should in no way be construed to create an attorney/client relationship. For more information, please contact Attorney Schwartz at (619) 687-5052.

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