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

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My wife 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:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Regarding your wife's car accident in Ontario, California, the answer is NO. I don't care if the other insurance company is being whiny. They are required to pay.  Then if they want to recoup it from their insured, that is on them.  Your insurance won't cover probably because you don't have that coverage in your policy? If you do have coverage, your insurance is also practicing bad faith.

Contact the Department of Insurance in your state and file a complaint.  Keep all your notes, emails, telephone messages.  Then, call that insurance company and indicate you will sue them for bad faith and continue with your administrative complaint if they don't pay? Why? Because the accident was not your fault, and therefore, you should not bear the cost of rental. If you want to take this further, you can also contact an auto accident attorney in Ontario, California using the AttorneyPages directory at http://www.attorneypages.com.


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 AttorneyPages.com 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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