New Port Richey, FL asked in Car Accidents for Florida

Q: Can a uninsured motorcycle driver get a rental if they are not at fault but the other party is?

I was involved in a motorcycle accident where they were cited for being at fault. They have insurance, I do not. Is it possible for me to get a rental, as i have no vehicle, and the motorcycle is totaled?

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2 Lawyer Answers
Jason S. Turchin Esq.
Jason S. Turchin Esq.
PREMIUM
Answered
  • Personal Injury Lawyer
  • Weston, FL
  • Licensed in Florida

A: Yes it is possible. Oftentimes, if liability is not an issue, the adjuster for the at-fault party may authorize a rental and pay it directly. However, if the vehicle is totaled, they may either not pay you for a rental, or could authorize a short rental term while they are negotiating with you or until the check comes in. A lot depends on the adjuster. That being said, if they are at fault and won't give a rental, but you require a rental through the time they pay you for the full value of your property damage, then you may still be able to recover it afterwards. Just make sure to save your receipt, and try to document your attempts to resolve this with them. It may also depend on the type of coverage the at-fault vehicle has. A few unknowns for us here to fully answer the question. If you were hurt, many injury lawyers may help with the property damage issue as a courtesy and can handle the bodily injury claim on a contingency fee basis, waiving all fees and costs if there is no recovery.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: In most states they have to reimburse you for a rental but check the insurance department. The problem you'll run into is if your motorcycle insurance doesn't cover rental cars, you have to buy insurance, and that's something in most states they don't have to cover, so they won't, and that can be almost as much as the rental.

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