Who’s responsible for the remaining rental fees?

UPDATED: Aug 24, 2012

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Who’s responsible for the remaining rental fees?

After an accident was ruled to be the other driver’s fault, his insurance company seemingly dragged their feet during the repair, causing a longer than expected need of a rental car. The insurance company now refuses to pay for 6 of the 8 total weeks of rental car usage. The repair shop admittedly took longer than it should have to repair the car, but claims the only reason for that was the ridiculous amount of time it took to get approval for repairs from the insurance company. Is small claims court my only option to get back the remaining balance for the rental car?

Asked on August 24, 2012 under Accident Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written, if the driver of the car who struck yours causing it to be repaired was at fault for the accident 100%, then under the laws of all states the driver of the other vehicle is responsible for pay your entire bill for the rental car that you had while your own vehicle was being repaired.

Your options are to make a claim against the other driver and his insurance carrier and/or sue the other driver in small claims court for the rental of the car you had.

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