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

Asked over 1 year ago - 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)

  1. Bradford Andrews

    Contributor Level 10

    4

    Lawyers agree

    1

    Answered . 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

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

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

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

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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.

  4. Alan James Brinkmeier

    Contributor Level 20

    2

    Lawyers agree

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

  5. Jeffrey Mark Adams

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  6. Kevin Coluccio

    Contributor Level 20

    Answered . Contact Mr. Andrews.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,821 answers this week

3,080 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,821 answers this week

3,080 attorneys answering