If your car sustained damage from the wreck and it needs to go into the shop, you may need to get a rental car to keep up with your daily responsibilities. Depending on how long the insurance takes, the shop ordering parts, police report to determine fault, etc., sometimes this can take up to 30 days before you’re back in the driver’s seat. This is quite a bit of time for anyone!
There are a couple of things that you need to take into consideration when looking into a rental. Just how much is paid, if anything, will depend on the type of insurance coverage you have.
Can I get a rental car and who pays for it?
One additional type of coverage you can purchase through your insurance company is rental car coverage. This will provide you with a vehicle up to a certain amount that you don’t have to pay for out of pocket.
For example, if your rental car coverage is up to $25.00, you will be provided with a vehicle that is as close to that number as possible. There may be a small hold on a credit card by the rental company, but if you accept that car you will not have to pay any more out of pocket. If you choose a vehicle that is $50.00, but your coverage is up to $25.00, you would have to pay the $25.00 extra per day that you have the car (the extra $25.00/day would be reimbursed through settlement). The amount paid for insurance or by the insurance is generally not recoverable.
If you don’t have rental car coverage, then, unfortunately, you’re going to have to pay the cost of the rental car upfront and then be reimbursed through a settlement.
Loss of Use Damages for a Vehicle in California
California law allows recovery of damages when a car or vehicle needs repairs or was deemed a “total loss” (totaled). “Vehicle” includes cars, trucks, motorcycles, bicycles, etc.
To get loss of use damages, you must show what the reasonable cost was to rent a similar vehicle; and the amount of time reasonably needed to repair or replace the vehicle. These damages are also available even if you don’t rent a car.
For example, if a similar vehicle to your rents for $40.00 a day and it takes 20 days to repair, then you will be able to seek $800.00 for loss of use damages.
Things can get tricky when it comes to property damage coverage, especially if your vehicle is leased, because this is separate from bodily injury coverage. If a similar substitute for your vehicle is a luxury car or something unique based on its age, then this will obviously have a much higher reasonable rental value than an older sedan. These are damages that your car accident attorney may seek on your behalf in addition to your bodily injury claim .
Sacramento Personal Injury Attorney
My name is Dan Hanecak and I am a Sacramento car accident lawyer. If you were injured in a car accident by the negligence of another then you likely have a lot of questions. Please feel free to give me a call at (916) 619-5452 or fill out the form on our website and I will call you back personally. I am happy to provide free and friendly advice to help you determine your next step.
