should other drivers insurance pay for a rental while determining the damages she is liable for

UPDATED: Sep 30, 2022

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should other drivers insurance pay for a rental while determining the damages she is liable for

i bumped a tree doing 15 on icy road
causing a small bump to the bottom
front bumper . Called a tow because
roads were so bad. While waiting
vehicle was off the road and rear
ended causing back damage and a lot
more front damage. Vehicle is no
longer driveable. Other drivers
insurance trying to deny fault to front
damage and won’t get me a rental

Asked on December 20, 2016 under Accident Law, Pennsylvania


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

Answered 5 years ago | Contributor

The at-fault driver's insurance carrier should be paying for your rental car.  As for the refusal to pay for the damage to the front caused by the at-fault driver, your only recourse regarding this issue is to sue the at-fault driver for negligence.
Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your car excluding the dent to the front bumper from hitting the tree and the cost of a rental car.  You will need to mitigate (minimize) damages by selecting a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, you have failed to mitigate damages and your damages will be reduced accordingly.  Also, insurance companies have a maximum daily rate they will pay for a rental car.

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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