Allstate Ins client struck my vehicle and want me to pay for rental.

UPDATED: Oct 1, 2022

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Allstate Ins client struck my vehicle and want me to pay for rental.

Allstate’s client struck my vehicle from behind and on side pushing my truck while legally parked in lined parking space. The driver refused to provide info after I caught up with him. After calling Allstate they said I would have to pay a deposit for a car rental they won’t pay and they’ll only pay for rental when the parts come in only. This means I’ll be without a vehicle for a week or more while auto shop has my vehicle, I have to pay for rental up to day parts come in, I have to pay for insurance, etc. They won’t pay. Are they allowed to do this? Is this a way for them to get out of paying for rental? Why don’t they have their own rentals and self-insurance

Asked on June 15, 2019 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can do this. The other driver's insurer is the other driver's insurer, not yours: that insurer does not owe you any duty or obligation. Their only duty to is to their insured: to defend him in court, and pay any amounts a court, after trial, order them to pay. They will often, to avoid litigation, offer you money, etc. to settle a case without you first suing, but it is voluntary for them to offer you compensation without you suing and winning. Since it is voluntary for them to offer you anything, including rental coverage, without you suing their driver and winning, they can decide what they will choose to offer you--and you cannot make them offer more than they want to.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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