Rental Car - What are my rights?

[eakub2006]

What is the name of your state (only U.S. law)? NE

I was under the impression that the at fault party's insurance company was supposed to provide me with a rental car. It has been over a week since the accident and they just now told me I could pick up a rental car (I had asked them repeatedly prior to this). I talked to the car rental place and they informed me that the car was only authorized by the insurance company for 3 days. How can this be? We haven't come to a settlement yet and I have been without a car all this time. Now they are saying I can have one, but only until Thursday. Someone told me I should have just picked up a rental car myself from the beginning and then submitted the receipt to the insurance company. Only problem is, I don't have a credit card and the car rental place requires one. What are my rights regarding a rental car? Especially since the insurance company has not come to a settlement yet.

 

[seniorjudge]

Q: What are my rights regarding a rental car?

A: I'm confused. Exactly what did the insurance company tell you about your rights to a rental car?

 

[eakub2006]

The insurance company didn't tell me anything about my rights regarding a rental car. Other people had told me that I am entitled to one though. I asked the insurance company repeatedly for a rental car because I am unable to simply get one and then send them a receipt. They set things up at a rental car company today and told me to come pick up the car. But then I found out from the rental car company that I can only have it until Thursday.

 

[ecmst12]

Please keep all questions about the same accident in your original thread.

 

[eakub2006]

My original thread doesn't exist anymore. I got permission to delete it. Can you please answer my question?

 

[ecmst12]

That was silly. Now no one knows what you are talking about.

 

[eakub2006]

I don't understand why it should matter. Why does that prevent me from getting a question answered?

 

[ecmst12]

Post a detailed summary of the information from your previous thread so we can have the whole story in one place, and I'll see if I can come up with an answer.

 

[eakub2006]

I don't see why this is relevant... but okay.
Let's see, the accident happened a little over a week ago. The other driver is 100% at fault and their insurance isn't contesting that. My car was an older car and it was totaled. The other person's insurance has made us an offer that we feel it too low. There is absolutely no way I could go out and buy another car that was exactly like mine for the amount they have proposed. This forum advised me to do a little market research to see what would be a reasonable amount and I have been attempting to negotiate with the insurance company.

My concern at the moment is getting a rental car. Members of my family told me that I was entitled to have a rental car from day one. I had repeatedly asked the other person's insurance about a rental car. It wasn't until today that I was told a car would be arranged for me. I found out from the rental car company though, that the car was only authorized by the insurance company through this coming Thursday. I don't believe this is fair because I should have had this rental car already. I just wanted to know what my rights were regarding this? Does the law entitle me to a rental car for any given period of time? And what can I do if the insurance company doesn't comply?

 

[ecmst12]

Had you rented a car from day 1, you would be entitled to reimbursement from day one until 3-5 days after their offer for your total loss was made. You choosing not to accept their offer does not extend their obligation to keep you in a rental car. If you want to fight them or drag your feet in signing the paperwork, that's on you not them. They are offering to put you in a rental for 3 days now, which is generous. You could have asked for one sooner, you didn't; they are not required to offer you a rental if you don't ask.

You don't necessarily need a credit card to rent the car, most of the time they will accept a deposit of a few hundred. It's security in case you damage the rental car. If the rental is undamaged, you will get the deposit back.

 

[eakub2006]

But I did ask them before, repeatedly. I couldn't just go and get one. I literally do not have a couple hundred dollars to give as a deposit. BTW, the rental company was the one that told me I needed to have a credit card.

 

[ecmst12]

The rental company needs SOME kind of security deposit. And they don't have to rent it to you without one.

I don't know why they didn't put you in a rental sooner, maybe they were still investigating. However it still remains that you can only recover for expenses you actually incurred. Like I said, if you'd paid out of pocket to rent a car, you could demand reimbursement. Since you did not, you have nothing to demand. They have already made their offer which they feel is reasonable and well supported. The ball is now in your court, as far as settling the claim.

If you've been paying for bus fare and saved your receipts, you could get reimbursed for that too.

 

[eakub2006]

Alright, thank you for answering. All I know is this is one insurance company you don't want to ever have to deal with. They are horrible!

 

[ecmst12]

They're all bad, especially when dealing with people who are not their clients. Getting in accidents just is no fun, even when it's not your fault.

 

[VeronicaLodge]

actually there are several car rental companies that wont rent you a car without a credit card. i had this happen to me recently because I dont use credit cards, i have a debit card, plenty of money in my account, checks and cash and they literally told me to go to another rental place at 11 at night in a city i am unfamiliar with because i did not have a credit card. i have a credit card now just for work travel because of this.