When your car is in the shop for repairs, getting a rental car can be a great solution for continuing with your life as normal. This is especially true when you find yourself stuck in an ongoing insurance coverage dispute.
But no one wants to pay for a rental car for an extended amount of time. Thankfully, a lawyer may be able to help you get the rental you need, but how does that work, and will it work for you? Here’s what you need to know.
KEY TAKEAWAYS
- If your car is in the shop for repairs, an attorney can help determine which insurance company is responsible for covering your rental car costs and ensure you get a comparable vehicle.
- The at-fault driver’s insurance should cover your rental car. If the other driver caused the accident, their insurance company is legally required to cover the cost of your rental car until your vehicle is repaired or replaced.
- An attorney can pressure the insurance company to act faster. Insurance companies often delay decisions; however, having a lawyer involved can expedite the process. Lawyers are skilled at handling insurance negotiations and can push for timely coverage of your rental car costs.
Duration Limits for Rental Car Coverage in Texas
In Texas, you are entitled to a rental car for a “reasonable period” while your vehicle is out of commission. This is legally known as “Loss of Use” damages. However, “reasonable” is often a point of contention between you and the insurance company.
Key Timelines to Watch:
- If Your Car is Repairable: The at-fault insurer must cover the rental for the entire time it takes to complete repairs. Pro Tip: If repairs are delayed due to parts shortages or supplemental damage discovered mid-repair, the insurance company is generally required to extend your rental coverage to account for those delays.
- If Your Car is a Total Loss: This is where insurance companies get aggressive. Once they declare your car “totaled,” they typically only offer 3 to 7 days of additional rental coverage from the date of the settlement offer. They expect you to find a new car immediately.
- The 30-Day Myth: Many adjusters will tell you there is a “30-day limit.” While this is common for your own rental reimbursement policy, there is no automatic 30-day cap under Texas liability law when you are the victim. The at-fault driver’s insurance is responsible for the actual time you are without your vehicle.
What to Do if They Try to Cut Off Your Rental
Insurance companies often use the threat of ending your rental to pressure you into accepting a low-ball settlement for your totaled vehicle.
- Reference the Law: Remind the adjuster that under Texas law (Mondragon v. Austin), you are entitled to “Loss of Use” damages for a reasonable period to replace or repair your property.
- Request an Extension: If your car is totaled and you can prove that $3,000 is not enough to find a comparable vehicle in the current market, you can demand an extension of the rental while you negotiate the “Fair Market Value.”
- Don’t Pay Out of Pocket Without a Fight: If an insurer stops paying before you are back on the road, it is a sign they are acting in bad faith.
Can a Lawyer Help Me Get a Rental Car After a Wreck?
Cars are an essential tool for many of us and that reliance is only increasing. So if yours is in the shop after an accident, it’s best to ask how your lawyer can help.
Accidents are stressful for a variety of reasons, not the least of which is the collision itself. If having your automobile out of operation for lengthy repairs is terrible enough, you’ll need to figure out how you’ll move around. After all, most people don’t have a backup car, and you still have to travel to work or school while your car is being repaired.
Depending on the circumstances of your accident and based on your insurance coverage, you could be eligible to rent a vehicle at no cost. Hiring an auto accident attorney like Joe Stephens to assist you in this process is key, we even offer a free consultation
Who Pays for Your Rental?
When you’re wondering “Can a lawyer help me get a rental car after a wreck?”, remember that their most important task is investigating insurance policies and how the companies can cover the costs. Your insurance company, the other driver’s insurance company, or you may be responsible for the cost of your rental automobile.
If the other driver caused the collision, their insurance company is required by law to pay for your rental automobile. They should pay until your vehicle is repaired. If the car is ruled to be a total loss, they should pay until you’ve been reimbursed the worth of your car. The insurance provider must also provide you with a rental car that is comparable to the damaged vehicle you own.
When someone else’s mistake puts you in harm’s way, you deserve more than just a quick insurance payout. We help everyday Texans get the support and compensation they need to move forward after a car accident.
How Your Attorney Can Communicate With an Insurance Company for You
Insurance companies are notorious for taking their time establishing who is to blame. It could take weeks or even months for them to make a decision, especially if no one pressures them to hurry up. An attorney can make all the difference in this situation.
It’s tough to exert significant pressure on the insurance company of the other driver on your own. However, if you have an attorney, they can contact the insurance company on your behalf.
Not only will they have dealt with insurance adjusters before, but there is also the risk of a lawsuit if an attorney is involved, which no insurance company wants to deal with. Your attorney will put pressure on the insurance company to cover the cost of your rental car, so you can get back to your life.
If You Were Injured in a Car Wreck Call West Houston Injury Attorney Joe Stephens Now
When you’ve been in a car accident, and you’re now without a car, contact an expert attorney. Your lawyer can assist you in obtaining the best possible outcome while also ensuring that your rights are protected such as access to a rental. If you’ve been injured by the negligence of another, you could hire any car crash lawyer in Katy, or you can hire a West Houston lawyer that focuses on car accident cases. Joe Stephens has been defending injury victims in Texas for over 3 decades from negligent individuals, companies, and greedy insurance companies. As a local auto lawyer in Katy, Joe handles all cases personally, and his staff is always available to answer questions.
Don’t suffer without the transportation that a car wreck took from you. Call Joe Stephens today.
The Stephens Law Firm, Car Accident Lawyers handles auto accident lawsuits across Texas.
