What are my right if I was rear-ended, had to get a rental and had to pay for the deposit and the insurance for it out of my own pocket?

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What are my right if I was rear-ended, had to get a rental and had to pay for the deposit and the insurance for it out of my own pocket?

I was wondering if I am able to get this paid back or if I am screwed. Because I feel that I shouldn’t of had to pay anything out of my pocket, it’s not my fault that I had to have a rental.

Asked on March 10, 2014 under Accident Law, Idaho

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

It is going to depend firstly on what the insurance of the at-fault driver covers.  It probably does not cover rentals, so then the question becomes whether your own insurance covers rentals.  If it does not, you can ask the at-fault driver to cover the cost, and if s/he refuses, you can sue him/her for that money.  Be careful, in this event, that you do not sign something for his insurance company waiving any additional claim against the at-fault driver in exchange for getting the money to fix your car.  Of course, the insurance company may refuse to release all the funds unless you do sign waiving additional claims.


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