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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

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Attorney answers 6


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


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.


Kevin Coluccio

Kevin Coluccio


Contact Mr. Andrews


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


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.


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

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


Contact Mr. Andrews.

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