Sparks, MD asked in Car Accidents and Personal Injury for Maryland

Q: I was involved in an accident that was not my fault in a rental. Why are they refusing to pay toward another rental?

2 Lawyer Answers

A: Who are “they”? The rental company is not responsible for that. Rental reimbursement under an insurance policy is provided when your car that is damaged in an accident is not drivable due to it being a total loss or because it is in the repair shop. You would then be given a covered rental until your car is repaired or until you receive the check for the total value of your vehicle (and usually a week beyond that date to give you time to buy a new car). The damaged rental car you were driving can simply be replaced with another rental car under the same terms you already had in place. You don’t get a free rental car because it wasn’t your car that was damaged. You’ve suffered no loss. A person who owns a car wasn’t already renting it; now they have to spend money out of pocket to rent a car to replace their lost car. You haven’t lost a car. You are no more out of pocket for a rental than you would have been had there been no accident. You can simply continue to rent a car like you had been doing before the accident. You did not suffer a loss from losing your rental car. No economic damage to you.

A: Rental reimbursement is generally connected to the property damage claim, as an accommodation while a vehicle is repaired, or a total loss declaration is made. With a rental vehicle, that element is removed from the picture. I hope you and everyone involved in the accident are okay. Good luck

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