If we have a rental car do to an auto accident that was not our fault, can we keep our rental until our car is repaired?

UPDATED: Sep 30, 2022

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If we have a rental car do to an auto accident that was not our fault, can we keep our rental until our car is repaired?

Our car is still at the auto body shop waiting to hear back on estimate of completion. The auto insurance company says we need to return the rental car Friday. I thought we are able to keep the rental car until our car is complete?

Asked on December 1, 2015 under Accident Law, Nevada


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should be able to keep the rental car until your car has been repaired.  
If the at-fault party's insurance company denies that, you will need to seek reimbursement from that insurance company for out-of-pocket rental car expenses you incur.  If the insurance company refuses to reimburse you for those expenses, file a lawsuit for negligence against the at-fault party.  You will need to mitigate (minimize) damages by selecting a rental car with a reasonable rate (the insurance company probably has a maximum daily rate that it will pay for a rental car).

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