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  • Writer's pictureRobert Schuerger

Does the At-Fault Driver Pay for Rental Car in Texas?

Getting into a car accident can be stressful for so many reasons. This is especially so for drivers whose cars must go to the shop for repairs. Using a rental car is one option that many car accident victims employ to get around. However, if the driver is not at fault, should they still have to pay for their rental car?

Continue reading to learn about this situation and who ultimately pays for the rental car coverage in Texas. Schuerger Shunnarah Trial Attorneys can elaborate on questions like, "Is Texas a no fault state for car accidents?"

Determining Who Pays for Rental Car Coverage

Determining Who Pays for Rental Car Coverage

Texas is an at-fault state, which means the driver responsible for the crash is the person liable for paying the cost of damages. When a car accident victim files a claim, they can add the price of the rental car so that they do not have to pay.

It may be more challenging for an at-fault driver to try to get compensation for a rental car in the aftermath of a crash. However, if their insurance policy includes rental car reimbursement, then there should not be much concern. This is not a required feature for Texas car insurance, so policyholders should check to see if they have this coverage.

Whose Insurance Company Covers the Costs?

Since Texas law follows the at-fault rule, the at-fault driver's insurance company should cover the rental vehicle. However, this is only if the insurance company accepts liability.

Oftentimes, they try to avoid providing coverage if they can dispute which driver should take responsibility for the accident.

Since an insurance company goes to great lengths to avoid paying, it may take time to investigate the crash. As such, car accident victims may not have a rental vehicle for a while.

To receive a rental car promptly and ensure the other driver's insurance company pays for coverage, secure proper evidence from the scene of the accident.

Proving Liability

Victims of a car crash can take certain measures to prove liability for the other driver and their insurance company. After ensuring everyone involved in the incident is okay, the accident victim can take photos.

Taking photos of the following could help prove who is at fault for the accident:

  • All vehicles involved

  • Weather conditions

  • Skid marks and other noteworthy parts of the environment

Drivers can also get statements from witnesses and their contact information. They should also write down their perspective of the accident, so there is physical evidence of what happened from the victim's perspective. Plus, it helps them to remember the exact events of the accident when the other driver's insurance provider seeks their side of the story.

Finally, the insurance company can dispute who is to blame for the accident in Texas. Anyone involved can contact the local police to come to the scene directly after the crash. The officer can file a police report, offering a third-party perspective of the crash. This document can be beneficial when determining who is responsible for the accident.

How Much Money Is Available for a Rental Car Company?

The money an insurance company provides to a client needing to get a rental car depends on the insurance coverage. It also takes into account the circumstances of the accident. Nevertheless, it covers the cost of a car equal to the vehicle being repaired.

Rental car costs can vary based on the car being loaned, but the insurance provider usually does not want to pay for a more expensive car than what was damaged. They base the price on a fair market value.

Rental insurance is not required for operating a rental vehicle. As long as the driver has their own insurance company with an auto insurance policy, they can receive a loan from a car rental company.

Do Renters Have to Pay Upfront for a Car?

Each insurance company operates differently when it comes to the process of getting a rental car.

Sometimes, an insurance provider partners with a rental car company. Car accident victims can receive a car loan without having to pay out of pocket. These companies often seek reimbursement directly from the at-fault party's insurer.

Some insurance providers require claimants to pay for the rental vehicle upfront. Later on, the driver can request rental car reimbursement from the insurance company along with the cost of vehicle repairs and any medical bills as a result of the accident. Schuerger Shunnarah Trial Attorneys can advise on who pays for medical bills in a car accident in Texas.

No matter what, the at-fault party's insurance adjuster is responsible for providing a rental car. Whether victims have to pay upfront or not at all, whoever is liable for the damages must pay for the other driver to get a rental vehicle.

What to Do if an Insurance Company Refuses to Pay for a Rental Car

What to Do if an Insurance Company Refuses to Pay for a Rental Car

To seek compensation for a car rental, drivers often rely on the insurance company of the at-fault party.

However, when the company does not accept the insurance claim and believes their driver is not liable, there could be complications. This also goes for if it does not offer a loan vehicle that is near equivalent to the damaged car. If the company provides an economy car when a driver was operating an SUV, action should be taken.

When these types of complications happen, drivers should contact a trusted car accident attorney in Dallas. They can help provide proper evidence for the crash, proving liability and whose insurance provider must pay for a rental car.

Contact a Car Accident Attorney - We Go to War for You

Having adequate insurance can go a long way in the aftermath of a crash. However, the claims process can involve the provider trying to get out of paying for compensation.

When an insurance company refuses to pay for car rentals, property damage, or any medical bills consequent to the accident, the victim driver should contact an experienced and reliable attorney.

The expert lawyers at Schuerger Shunnarah Trial Attorneys can help accident victims prove who the at-fault driver is and aid in getting the proper compensation, especially when insurance providers try to unjustly avoid paying for reimbursement.

We go to war for you!


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