A car accident can be a scary, traumatic event. It can also cause a lot of headaches when dealing with the aftermath. For example, if your car needs to be repaired or is totaled, how exactly do you get a rental car?

Generally, the at-fault driver’s car insurance company should pay for your rental car after an accident. However, there is often a gap between when you need the vehicle and when they will start paying. In this situation, you may need to file a claim with your own insurance company – or pay for your car out of pocket. The insurance company will reimburse you, but you will need to keep receipts.

Based in Simpsonville, the Derrick Law Office represents South Carolina accident victims as they work through the claims process. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to talk to a South Carolina personal injury lawyer, contact our law firm today. 

Who Pays for the Rental Car After an Accident?

If you are involved in a motor vehicle accident, whoever was responsible for the crash will be liable for your expenses. This includes the cost of a rental car when your vehicle is being repaired or until you can get a new car (if your car is deemed a “total loss”). Under South Carolina law, the at-fault driver’s insurance company is required to reimburse your reasonable and necessary loss of use.

The other driver’s car insurance company should either provide you with a rental car or pay for the rental car cost directly while you wait for your vehicle to be repaired or replaced. However, even though the at-fault party’s insurance company is responsible for these expenses, it doesn’t always happen.

It isn’t unusual for a car accident victim to reach out to the at-fault driver’s insurance company and be told that they have to talk to their own insured before they approve rental car coverage. This may happen even if liability is clear. For example, there could be an accident report from police that states that their policyholder caused the accident – and the insurance company may still refuse to approve the coverage until they can talk to their insured.

This means that car accident victims are often left without a vehicle for 1 to 4 days – which can be a problem if you still need to get to work, to doctor’s appointments, or just need a car. Unfortunately, this puts you in a bad spot. As discussed in greater detail below, if you need a car for those days, you will either need to file a claim with your own insurance company or come out of pocket to pay for your rental car yourself.

What Should You Do If the Insurance Company Won’t Pay?

Whether the insurance company won’t pay for a rental car at all or there is a delay, you have a few options:

• File a claim with your own car insurance company. Most auto insurance policies – which South Carolina drivers are required to carry – have car rental coverage. You might still be responsible for a deductible, but this coverage can help offset the costs of getting a rental car while you wait for the at-fault party’s insurance company to pay.
• If the at-fault driver either doesn’t have insurance or doesn’t have enough insurance to pay for your losses, you can also file an uninsured/underinsured motorist (UM/UIM) claim with your insurance company. This type of coverage is also required in South Carolina. If an uninsured or underinsured driver causes an accident, your own insurance company will pay for your losses.
• Pay for a rental car out of pocket and seek reimbursement. This isn’t the ideal situation, especially when you may already be missing work and paying doctor’s bills. But it might be the best solution when you need a vehicle and the insurance company isn’t paying for one right away.
• If the insurance company is denying liability, talk to a Simpsonville car accident attorney about your options. They can often negotiate a settlement for you – and can also work with the adjuster to get you coverage for things like a rental car. If you suffered any injuries in the accident, it is especially important to work with a skilled lawyer. 

When you do get a car, make sure to request one that is comparable to your current vehicle so that you can get full reimbursement. For example, if your car is a small sedan, you should get a similar car – not a large SUV. Keep in mind that insurance companies have maximum daily rates, so if you choose a more expensive car, it might not be covered.

If you pay out of pocket for your rental car, be sure to keep all receipts. When you go to settle your car accident claim, you will need to include these expenses as part of your demand for compensation. The insurance company won’t automatically include these amounts – you will need to itemize your car rental expenses and other losses.

Having to pay for your own rental car can be a hardship. That extra $30 or $40 a day can be challenging when you are already dealing with the aftermath of an accident. If you need help navigating the situation, reach out to our law firm to schedule a free consultation.

Help for Car Accident Victims

It can be difficult to know what to do after a car accident, whether you are figuring out how to get medical treatment or how to get a rental car. In an ideal situation, your expenses would be covered without you having to go out of pocket. Unfortunately, many car accident victims do have to put down their own credit card at Avis or Hertz to get a rental car until the insurance company decides to pay.

The Derrick Law Office knows that the weeks and months after a car accident can be a difficult, confusing time. Our goal is to help our clients navigate the legal process and get them maximum compensation for their injuries. To learn more or to schedule a free initial consultation with a Simpsonville car accident lawyer, give us a call at 864-501-5241 or fill out our online contact form.