Rental car totaled in accident where I was not at fault. What should i expect to have to cover?

Asked over 2 years ago - Scottsdale, AZ

My car was in the shop getting fixed from a previous bump. When driving my rental car, I got hit head on by a guy who ran a red light (police report backs this up).

I declined the coverage through Enterprise, because Progressive told me I was covered through them, when they organized the rental.

I also went to the hospital, and now have a $1700 bill. I keep asking them to send it to the insurance company of the person who hit me. But apparently they are having difficulty getting the company to accept the bills.

This was not my fault, and I am covered by my insurance company. I shouldnt have to pay a cent for this. Correct?

Attorney answers (7)

  1. Ben Frank Abbott

    Contributor Level 8

    10

    Lawyers agree

    Answered . In an accident that is not your fault, there are several sources of payment.

    First, the other person is legally responsible for your medical bills, as well as your other damages (pain & suffering, physical impairment, disfigurement, and loss of earning capacity).

    The other person's insurance company will make one lump settlement for all your damages. They will not pay for any one medical bill without settlement of the entire case. Once you have completed medical treatment, you should send all of your bills, as well as photos of your injuries, with a demand for settlement.

    Seperately, if you have medical payments coverage or personal injury protection on your OWN policy on the car that you own, you can get your medical bills and possibly your lost wages paid. Your own medical payments coverage or personal injury protection coverage will pay your medical bills individually on an ongoing basis. This is your best best to get your $1,700 bill paid fast.

    Seperately, you may have coverage on your Enterprise policy to pay for you medical bills.

    As this is complicated, you may be best hiring an attorney, who is familiar with your medical damages, as well as the various types of insurance to recover from.

  2. Christopher J Zachar

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . Essentially, you are correct.

    You should not have to pay a cent if all of your information is true.

    That does not mean however that the insurance company for the other driver won’t try to bend, twist and change the facts to try and make it look like you were at fault

    In my opinion, you should consult with an experienced PI attorney in your area as soon as possible.

    Good luck

  3. Thomas John Cesta

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . Getting an attorney involved early is likely to result in a more favorable outcome, and there is usually more than one source to pay for your medical bills, and pain and suffering. If you wait, the other driver's insurance company is likely to try to get you to agree to make a recorded statement, and this could impact the value of your case.

  4. Paul Michael Veillon

    Contributor Level 12

    8

    Lawyers agree

    Answered . Under most circumstances, your own insurance will cover the rental vehicle with exactly the same coverage that you had on the vehicle that was in the shop. If you had auto medical payments coverage, it transfers; coverage for damage to your own vehicle, it transfers (including the deductible).

    If you were not at-fault for the collision, then you also have rights against the at-fault driver - to recover your medical bills, general damages, etc. I strongly advise against going through that process alone. The representatives from other driver's insurance company handle and negotiate these claims for a living. At every stage of the claim, they gather information they can use later. And in the end they are unlikely to offer you true justice unless you can fight for it in Court. Seek out a local personal injury attorney and request a free, no obligation consultation. There's nothing whatsoever to lose by asking an expert some of your questions face to face. This website is an excellent resource for finding highly-rated attorneys in your area.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Never try to deal with an insurance company without a lawyer, as you will either get #1. no money or #2 a tiny settlement. Retain a personal injury lawyer in your city from Avvo so you can get properly compensated. Good luck to you.

    Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.... more
  6. Brian T Allen

    Contributor Level 7

    3

    Lawyers agree

    Answered . The at-fault driver and/or his insurer are responsible for the damage to the rental vehicle. If you were not at fault, you should not have to pay anything. Regarding your hospital bill, hospitals will not typically bill third party insurance companies (the other driver's insurer). If you have health insurance, you will be better off providing the hospital your Health insurance information. If you have med-pay coverage on your auto policy, that is another way to get your bill paid. A third option would be to send it to the at-fault driver's insurer for payment, although they likely won't pay it until you agree to sign a release, which you don't want to do this early in the game. Sounds like your best course of action would be so consult with an attorney. You can certainly call me for a free consultation.

    Disclaimer - We have not created an attorney/client relationship. Please do not consider this legal advice... more
  7. Scott L Greeves

    Contributor Level 11

    3

    Lawyers agree

    Answered . If you're injured in an accident that was not your fault, you should not have to pay for anything -- in fact, it sounds like you have an additional claim to pay you for injuries, pain & suffering. You deserve to be compensated for many things, including: not being able to sleep due to pain, missing work, the pain itself, not being able to go dancing with your spouse, not being able to participate in your softball league, the pain you're going to have 30 years from now (my mom still gets occasional neck pain from a T-bone collision when she was a teenager in the 1950s!), and the time you spend visiting doctors.

    Too often, people try to settle their own injury claims themselves and are thrilled when the insurance company writes them a quick check for a few thousand dollars. Well, I'm here to tell you, the insurance company is making out like a bandit when that happens. Don't let them sucker you in with quick cash! The insurance company plays this game numerous times every day! How often will you do it in a lifetime? once, maybe twice? You're at a HUGE disadvantage: you've never done it before, you don't know what normally happens in cases similar to yours, and you don't know the rules. It's like playing football for the first time, but you've never seen a game before and you have one arm tied behind you back - you'll be crushed! Anyway, insurance companies love it when you represent yourself - they know they can settle quick and cheap - it's a numbers game pure and simple. Hire a lawyer. Yes, it will take longer (maybe years) to finally get your money, yes the lawyer will be paid 1/3, but you'll end up with twice the money in your pocket - maybe five times - maybe ten times - maybe 100 times! So, do yourself a huge favor - hire a lawyer to represent you and be patient. One more thought - if the insurance company rep says "Don't worry, you don't need a lawyer for this, we'll help you" - then, you probably need a lawyer.

    Just about every personal injury lawyer will give you a free consult. Any full service law firm, like mine, can assist you with this.

    Mr. Greeves is licensed to practice law throughout the state of Arizona. His office is in Tempe. He is authorized... more

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