Hit by driver in another persons uninsured car. Should my insurance cover a rental, i'm told it would only cover if the car was being repaired.
This is a complicated question. What they are telling you is that your vehicle is not a "temporary substitute vehicle" If it is a "temporary substitute vehicle" then it is a covered vehicle under your policy. Usually your regular vehicle has to be in the shop for this to apply.
However, uninsured motorist coverage pays what the uninsured driver is legally obligated to pay you. When you rent a vehicle, you agree by contract to pay any damages to the vehicle regardless of fault. So the UM coverage should apply to the contract liability. There is no Texas case on this point, but it follows the plain language of most policies.
One word of caution: There is a lot of variation in the policy language. You need to read the actual policy language to be sure.
Firstly, you must confirm that you have UM property damage coverage. Some policies only apply to bodily injury, depending upon the state. If you have property damage coverage under your UM policy, it will pay for all losses just as if the offending party had his own insurance. If your car is not drivable because of defective equipment caused by the collision (for example a broken headlight) you can rent a car to replace yours until it is repaired or you receive a check for its total loss. Read your insurance policy.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
More information is needed and an attorney would have to review your auto policy to make a definitive call here.
Especially if you were also injured in the accident, your best bet to obtain the maximum settlement amount in this case is to ensure you have completed the necessary medical treatment and consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverage available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
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