What are my rights if I just got hit by another driver who was clearly at fault and admitted fault to me and the police?

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What are my rights if I just got hit by another driver who was clearly at fault and admitted fault to me and the police?

There was also a witness. Now the driver is m.i.a and his insurance company is saying they need to wait to talk to him before they set me up with rental or anything. It seems utterly wrong that I am waiting with a busted car and no ride while they figure this out. Shouldn’t I be able to go get a rental without their permission and get reimbursed from them once they decide who is at fault. It doesn’t seem legal that I should have to wait until they find the guy.

Asked on May 21, 2013 under Accident Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

Whether or not the witness is located, the police report will be determinative of fault in the accident and is what the insurance carrier will use.

Since the other party was at fault in the accident as per the police report, you can obtain your rental car without further delays from the at-fault driver's insurance carrier, and obtain reimbursement from that insurance carrier for the rental car.  The insurance carrier usually has a limit on the maximum it will pay per day for a rental car.  Therefore, your rental car should be something with a reasonable rate.  Also, the insurance carrier will not reimburse you for the amount of the rental car's collision coverage if you elect to receive it in lieu of the collision damage waiver.  Some credit cards provide this coverage and therefore you may not need the rental's collision insurance.


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