Why won’t the insurance company reimburse me for my rental after my car was parked and hit?

UPDATED: Oct 1, 2022

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Why won’t the insurance company reimburse me for my rental after my car was parked and hit?

My car was parked legally and a delivery truck had backed into it, I needed

to get a rental to get to school and to work. The other party was found at fault and it has been months before I had gotten through someone to help me settle my claim and even now its still taking time, its been about 6 months since the incident. I do not understand why if they were found at fault and were very hard to get into contact with, why they do not cover my rental or at least a good portion of it?

Asked on September 14, 2018 under Insurance Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it is the other party's insurer, not your own, remember: they are not your insurer and they have no obligation directly to you, who are not their customer and did not pay for the policy. Their obligation is to defend their insured in court and pay any amounts that their insured is ordered by court to pay. If the other person's insurer chooses to not voluntarily pay you for your loss, your recourse is to sue the at-fault driver for the damage to your car and the reasonble cost of a rental car; if you sue them and win (i.e. prove their fault in court), they can be ordered to pay for the damage and the rental--at which time either they and/or their insurer should pay.

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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