My was in a car accident in Ontario, California. Who pays for car rental insurance?

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My was in a car accident in Ontario, California. Who pays for car rental insurance?

My wife was rear ended in a car accident in Ontario, California and her car will be fixed by the other party’s insurance. She will also get a rental car.  The other party’s insurance does not want to pay for the insurance coverage for the rental. Our insurance will not cover. It will end up costing about $29 a day.  Are we responsible to pay this even though we were the innocent party?

Asked on May 13, 2009 under Accident Law, California

Answers:

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

Answered 11 years ago | Contributor

If you are certain that your own insurance will not cover the rental car, then no, you are not responsible for it; the other party's insurance company is. But for their insured hitting you, your car would not be in the shop and you would not have to rent a car at all and pay for the insurance to cover the vehicle. I assume you spoke with your own insurance company about whether or not they cover a rental car.  I'm surprised, because most insurance companies do, except for certain fees the rental car company may tack on, like loss of use, and others.  Be sure first, and then make your argument to the other party's insurer.  Why should you be out of pocket that $29 a day if the accident was not your fault?  You may need to have a car accident lawyer where you are (Ontario, California, I presume) make the argument for you.


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