Skip to main content

Is the person's who's found at fault's insurance responsible to provide a vehicle to the innocent party? and for how long?

Charleston, SC |

If someone hit my vehicle and is found at fault and my vehicle ends up getting totaled, and after my insurance has paid all they are going to pay for a rental vehicle and I'm still not able to be put back into a vehicle yet, is the insurer of the person who hit me supposed to pick up afterward and pay for a rental until I'm able to get back into a new car? My insurance company has just decided to total out the vehicle after 2 weeks, but now I'm left to come up with down payment money on getting a new vehicle which I do not have at this time. In the meantime, I am without transportation, but I can't help but feel it's highly unfair for me since the driver of the other vehicle put me out of transportation and is facing a DUI or reckless driving charge

Attorney Answers 6

Posted

Yes in a lawsuit you can make that as a claim for your damages. The jury can decide.

Mark as helpful

2 lawyers agree

Posted

Yes. You need to pursue a claim against the at-fault driver to trigger the their insurance coverage. I can discuss you options with you.

843.300.1047

Mark as helpful

1 found this helpful

4 lawyers agree

1 comment

Kevin Coluccio

Kevin Coluccio

Posted

Contact Mr. Andrews

Posted

Good advise given. Contact local and qualified counsel.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Mark as helpful

2 lawyers agree

Posted

Actually, and if understood correctly, your carrier considered your vehicle "totalled" and paid you the fair market value for that car. There is a difference between needing a rental vehicle while waiting for a car to be repaired, which cost should be recoverable, and a car that is totalled. In your situation, I am of the opinion that you would not succesfully recoup any further rental costs. As unfair as it may seem, to permit otherwise would allow someone to rent a vehicle for months, if not years, until that person chose to purchase a replacement vehicle; which is the reason you were paid for the book value of your car by your insurer. However, I defer to any contrary information you may receive from local counsel.

Mark as helpful

3 lawyers agree

Posted

Luckily, Andrews has offered to help you with this. Good luck.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Mark as helpful

4 lawyers agree

Posted

Contact Mr. Andrews.

Mark as helpful

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics