Stephen Hasner | Car Accidents | June 7, 2020
A car wreck on the Downtown Connector can leave you without reliable transportation, making everyday tasks like getting to work, taking children to school, or running errands difficult. After an accident, a common and urgent question follows: how do you get a rental car, and who pays for it?
Rental car issues often depend on insurance coverage, fault determinations, and claim timing. Insurance companies may take time to review an accident before approving rental costs, which can lead to delays and confusion.
If you are dealing with these issues, an experienced Atlanta car accident lawyer at Hasner Law can review your situation, explain your options, and help move your claim forward. Call Hasner Law today for a free and confidential consultation to discuss your rental car options after an accident.
Key Takeaways About Your Rental Car Options in Atlanta
- After an accident, you typically have three options for obtaining a rental car: through the at-fault driver’s insurance, through your own insurance policy, or by paying out of pocket for later reimbursement.
- The at-fault driver’s insurance company is generally responsible for reasonable loss-of-use expenses, which may include rental car costs, once liability is accepted.
- Using your own rental reimbursement coverage is often the fastest way to get into a temporary vehicle, though you may have to pay a deductible.
- You may recover reasonable rental car costs for the time it takes to complete repairs or, in a total loss situation, for a limited period after a settlement offer is made.
- Insurance companies may try to limit the type of rental car you receive or the duration you have it. Documenting everything and understanding your rights is important.
Who Pays for a Rental Car After a Car Accident in Georgia?
After a collision, there are several ways to obtain a rental car and get back on the road. The route you take often depends on the clarity of fault for the accident and the specific coverages you have on your own auto insurance policy. Each option has its own timeline and process, and a lawyer for car accidents in Atlanta can help you choose the most effective path.
Filing Through the At-Fault Driver’s Insurance
In a clear-cut case where the other driver is 100% at fault, their insurance company is responsible for covering the cost of a rental car. This is part of the property damage liability coverage every Georgia driver is required to carry.
However, this is rarely an instant process. The insurer will not pay for a rental car until it completes its investigation and formally accepts liability, which can take days or even weeks if fault is disputed.
To process a claim with the other driver’s insurance, you will need to provide specific documentation. Having this information ready can help move the process along more smoothly.
- The name and insurance policy number of the at-fault driver.
- The claim number assigned to your accident.
- A copy of the official police report from the Atlanta Police Department or other responding agency.
- Contact information for the body shop where your car is being assessed.
Once the insurer accepts liability, the adjuster may authorize a direct bill with a rental car company. The key challenge here is the potential for delay, which can leave you without a vehicle.
Using Your Own Insurance to Get a Rental Car After an Accident
Often, the fastest way to obtain a rental car is through your own insurance policy, which may allow you to get a vehicle immediately without waiting for the other driver’s insurer to accept liability. Two types of coverage may apply.
The first is rental reimbursement coverage, which is an optional addition to your policy. It pays for a rental car up to specified daily and total limits, such as $30 per day with a maximum of $900.
The second is collision coverage. When you use collision coverage to repair your vehicle, your policy may also provide a rental car during the repair period.
The main drawback is that you typically must pay your deductible upfront, though an attorney can seek reimbursement of that deductible from the at-fault insurer.
Paying for a Rental Car Yourself and Seeking Reimbursement
If the other driver’s insurance is slow to accept fault and you lack rental coverage, you may choose to pay for a rental car yourself. In that case, keep detailed records so you can seek reimbursement once liability is accepted.
This option carries some risk. The insurance company might dispute the daily rate you paid or the number of days you had the rental. They are only required to reimburse for reasonable expenses.
This is another area where an Atlanta car accident lawyer can be invaluable, arguing that your costs were indeed reasonable under the circumstances.
Rental Car Rights After a Car Accident in Georgia
Navigating the rental car process involves more than just getting approval. You also have rights regarding the duration you can keep the rental and the type of vehicle you receive.
Insurance companies may try to limit their expenses in these areas, but Georgia law provides protections for accident victims.
How Long Will Insurance Pay for a Rental Car in Georgia?
You are entitled to a rental car for a reasonable period, which generally means the time it reasonably takes a body shop to complete repairs. Georgia law does not strictly define this term, which can lead to disputes.
If your car is declared a total loss, the rental period typically ends shortly after the insurance company makes a settlement offer for your vehicle’s value. An adjuster might try to cut off your rental before repairs are complete. It is important to stay in communication with your body shop and your lawyer to ensure you are not left without a vehicle prematurely.
What Kind of Rental Car Can I Get?
You may seek reimbursement for a rental vehicle that is reasonably comparable to your damaged vehicle in size and function. This means if you drive a seven-seat SUV to transport your family around Buckhead, the insurer should not put you in a two-door compact car. The practicality of your daily needs is a major factor.
The definition of a comparable vehicle can be a point of contention with adjusters. While they are not required to provide an exact match, the rental should meet your functional needs.
- Size and Capacity: The rental should have a similar passenger and cargo capacity to your own car.
- Drivetrain: If you drive an all-wheel-drive vehicle for safety or performance, the rental should be similar.
- Functionality: If your work requires a pickup truck, a sedan would not be a comparable vehicle.
- General Quality: The rental should be of a similar age and condition as your own vehicle.
An Atlanta car accident lawyer can advocate for reimbursement of a rental vehicle that meets comparable transportation needs.
Common Rental Car Disputes with Insurance Companies
Insurance adjusters are trained to manage costs for their company. This can sometimes lead them to make decisions that are not in your best interest. They may use certain tactics to limit the rental car payout.
It is helpful to be aware of the common strategies an adjuster might use during your claim. This knowledge can help you and your attorney push back effectively against unfair denials or limitations.
- Delaying a Liability Decision: The longer they wait to accept fault, the longer they avoid paying for your rental.
- Questioning Repair Times: They might dispute the body shop’s estimate of how long repairs will take to shorten the rental period.
- Offering a Lowball Total Loss Settlement: A quick, low offer is a way to end their rental car obligation faster.
- Denying a Comparable Vehicle: They may claim a smaller, cheaper car is all your policy or their policy allows.
When you encounter these tactics, having a lawyer to advocate on your behalf is a significant advantage.
Total Loss vs. Repairable Damage The Impact on Your Rental Car
Whether your vehicle is deemed repairable or a total loss has a major impact on the rental car process, particularly on how long you are entitled to keep the temporary vehicle. The insurance company’s appraiser will inspect the damage to make this determination.
Rental Car Coverage When Your Vehicle Can Be Repaired
If your vehicle can be safely repaired, you are entitled to a rental car for the time it takes the body shop to complete the work. This period starts when you drop the car off and ends when the repairs are finished.
Certain repair-related delays, such as waiting for parts, may be considered part of the reasonable repair period, depending on the circumstances. It is a good practice to have the body shop communicate directly with the insurance adjuster about any such delays.
Rental Car Coverage After a Vehicle Is Declared a Total Loss
In Georgia, a vehicle is typically considered a total loss when the cost of repairs exceeds its actual cash value (ACV) immediately before the accident. Once the insurer determines your car is a total loss, their obligation to pay for a rental car changes. They will make an offer to settle the value of your totaled vehicle.
The rental period usually ends a few days after this settlement offer is made, regardless of whether you have accepted it or purchased a new car yet. This can put you in a difficult position, so it is important to act quickly once a total loss determination is made.
After the insurer declares your car a total loss, you must take several steps. This process moves quickly, and being prepared can reduce your stress.
- Review the insurer’s valuation report to see if their ACV offer is fair.
- Negotiate the settlement offer if you believe it is too low.
- Make arrangements to sign over the title to the insurance company.
- Begin searching for a replacement vehicle immediately.
An Atlanta car accident lawyer can help you challenge an unfair ACV valuation to give you more funds to purchase a new vehicle.
How an Atlanta Car Accident Lawyer Can Help You Get a Rental Car
Being without a car can disrupt your entire routine, and insurance delays only make the situation worse. Hasner Law takes over the rental car and property damage issues so you don’t have to chase adjusters while trying to recover.
Our Atlanta car accident lawyers move quickly to push the liability investigation forward, providing police reports, witness statements, and other evidence to reduce delays. When insurers stall or refuse to approve a rental, we step in to keep the process moving.
If necessary, we help you use your own coverage to get a vehicle right away and pursue reimbursement of any deductible later. We also challenge insurer attempts to cut rental periods short or place you in an unsuitable vehicle, fighting for transportation that actually fits your daily needs.
FAQs for Atlanta Car Accident Lawyers
Do I have to use the rental car company the insurer recommends?
No, you are generally free to choose your own rental car company. However, the insurance company will only pay up to the rate they have negotiated with their preferred partners. If you rent from a more expensive company, you might have to pay the difference out of pocket.
What if my rental car limits are not enough?
If your own rental reimbursement policy has low daily limits, it may not be enough to rent a comparable vehicle in the Atlanta market. In this situation, you might pay the difference yourself and then seek full reimbursement from the at-fault driver’s insurance company. An Atlanta car accident lawyer can assist with this process.
Who pays for insurance on the rental car?
This is a complex question. In most cases, your primary auto insurance will extend to the rental car. However, rental companies will try to sell you a collision damage waiver (CDW). The at-fault party’s insurer is generally not required to pay for this extra coverage. It is best to check with your own insurance agent to confirm your coverage before you rent.
What if the at-fault driver was uninsured?
If you are hit by an uninsured driver, you will need to rely on your own insurance policy. Your rental reimbursement coverage would apply. If you do not have that coverage, you may be left without a way to get a rental car paid for unless you have Uninsured Motorist Property Damage coverage, which is not common in Georgia.
Secure the Transportation You Need With an Atlanta Car Accident Lawyer
Losing the use of your vehicle disrupts your entire life. The process of securing a rental car should be simple, but it is often complicated by insurance company delays and disputes.
You do not have to handle this administrative burden while also recovering from the shock of an accident. An experienced lawyer can handle the property damage aspect of your case so you can focus on what matters most.
If you’re having trouble securing a rental car after an accident in Atlanta, Hasner Law can help. Contact us today for a free, no-obligation consultation to find out how an Atlanta car accident lawyer can handle the stress for you and pursue the compensation and resources you need to move forward.
