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  • Writer's pictureRobert Schuerger

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

Being involved in a car accident can cause massive disruptions to the life of the victim. They may have to spend many days in hospital recovering from serious injuries, not being able to work and provide for their families.

Even after being discharged, victims may find themselves without a vehicle to use because their vehicle was wrecked in the car crash.

If the case goes to court, it may be many more months until it is resolved, and the victims receive the compensation they deserve.

However, being without a car after an accident in Texas can be difficult for victims who need to go back to work or take their children to school. In many cases, they will have no choice but to secure a rental vehicle.

This opens up the question of who will pay for the rental car while the personal injury case is being resolved. Logic would dictate that insurance companies are supposed to pay, but in reality, it may be difficult to get them to accept responsibility and pay for the rental car.

This is why victims need a good attorney to fight for their rights from the day the car accident happens to the day they walk out of court with a huge settlement from the other driver's insurance company. Schuerger Shunnarah Trial Attorneys can help with situations like how to calculate pain and suffering car accident in Texas.

Can Texas Drivers Get a Rental Car From the Insurance Company?

Can Texas Drivers Get a Rental Car From the Insurance Company?

Under Texas law, victims are entitled to sue the other driver's insurance company and request a rental car until their vehicle is repaired or replaced. This means it is the at-fault driver's insurance company that is responsible for securing a rental car for the victims to use.

However, in some cases, the at-fault party's insurer or insurance adjuster may be unwilling to provide the rental car to the victim and may start asking for things such as recorded statements about the car accident.

However, the victim is under no obligation to provide any such statements. If they have a good lawyer in their corner, they will fight on their behalf and ensure that the at-fault driver's insurance company provides the rental car to the victim. Schuerger Shunnarah Trial Attorneys help with questions such as Can you go to jail for a car accident in Texas?

What About Rental Car Coverage?

If the victim does not have rental reimbursement coverage as part of their policy or has an uninsured/underinsured motorist policy (UM/UIM), it may complicate matters. In such a case, legal assistance will be vital.

It will take a strong and dedicated law firm, such as Schuerger Shunnarah Trial Attorneys, to make sure that the insurance company fulfills its obligations and pays for the rental vehicle and rental car coverage until the case is finalized.

What to Do in the Aftermath of a Rental Car Accident

Before dealing with issues of rental car coverage and insurance companies that are determined to avoid liability, there are many steps that the victim needs to take in the aftermath of the car accident.

Making the right decisions early on will improve their chances of being given a rental car to use while the trial is proceeding, and walking away with huge damages at the end.

Victims of a car accident in Texas need to do the following:

Seek Medical Attention

There are many things more important than whether or not victims get a rental car after an accident in Texas, and one of these is their health and well-being. This is why victims need to seek medical attention as quickly as possible.

If their injuries require frequent hospital visits, victims will need a rental car to move around, and a doctor's report detailing the extent of their injuries will help their case when requesting a rental vehicle from the car insurance company.

Gather Evidence

In some cases, the victim's own insurance company or the insurance provider representing the at-fault driver might not want to pay the cost of a rental car or the rest of the damages that the victim has suffered.

Such situations might result in a difficult personal injury case, in which the victim's attorney will need all the evidence they can get, such as photos of the accident scene, medical reports, and eyewitness statements.

Seek Reimbursement

The victim is entitled to seek reimbursement from the insurance company that is being held liable. This means they can sue for damages to cover the cost of medication, lost wages, and the fair market value of their vehicle if it was totaled in the car accident.

Hire a Good Attorney

If the insurance companies decide to play hardball and refuse to pay, the victim will have to hire an experienced attorney to handle the case. Victims can gather all the evidence they have and approach Schuerger Shunnarah Trial Attorneys for a free consultation.

Tactics Used by the At-fault Driver's Insurance Company

After a serious car accident, especially one in which the victim is severely injured and needs a rental car to replace their totaled vehicle, insurance companies may be very reluctant to admit fault and pay damages.

The insurance company may resort to a wide range of tactics that are designed to minimize their liability or shift the blame from their insured and at-fault driver to the victim. One of the common ways of doing this is to ask the victim leading questions that may trick them into implicating themselves or providing a recorded statement.

Victims need to understand that such tactics are only meant to undermine their personal injury claims process. It is best to refuse to engage with the at-fault driver's insurance company until they speak to their car accident attorney.

Who Pays for the Rental Car After the Accident?

In Texas, it is usually either the victim's insurance provider or the at-fault driver's insurance company that will pay for the rental car after the accident. Determining who will be responsible for the replacement vehicle may be difficult without the help of a qualified car accident attorney.

The At-fault Party's Insurer

The victim can seek reimbursement and a rental vehicle from their own insurance company first, which would lead to their insurer approaching the at-fault party's insurance company for a refund. This is a round-about process called subrogation and it saves the victim's insurance company from having to pay for the rental car.

Another way is for the victim to seek reimbursement and a rental car directly from the at-fault party's insurers. However, this method may require the victim to pay the car rental company out of their own pocket first and seek compensation from the at-fault party's insurers later.

The Victim's Insurance Company

If the at-fault party's insurance company is not liable for the rental car, it will be up to the victim's own insurance provider. The process will be much simpler if the victim has rental car coverage as part of their policy. However, rental car coverage is optional in Texas, so not all drivers will have it.

If it turns out that the victim is liable for the car accident, they may have to pay out of pocket for the rental car.

What If the Insurance Company Denies Liability?

In a perfect world, the insurance company would accept responsibility and immediately pay the rental car company to provide a vehicle for the victim to use.

However, this is not always the case. If the insurance company decides that they have grounds to deny liability, the victim may have to fight tooth and nail to get a rental car and recover compensation for the accident.

In Texas, such personal injury lawsuits can be difficult, and the victim will need all the advice, assistance, and legal action they can get if they are to walk away with anything.

When to Hire a Car Accident Attorney

If the victim's insurance coverage does not cover the cost of a rental car, and the other insurance company representing the at-fault party is also refusing to pay, it's time to get a good attorney.

If victims want to maximize their chances of receiving compensation and fair market value for their totaled car, they need to approach a good auto accident lawyer as soon as possible and discuss their legal options.

Damages Victims in Texas Are Entitled To

Damages Victims in Texas Are Entitled To

The damages a victim is entitled to vary depending on the specifics of the personal injury claim. In the case of a car accident in Texas, victims can sue for the following damages:

  • Medical bills

  • Lost wages

  • Property damage, such as the cost of a totaled car after an accident

  • Rental car costs

  • Pain and suffering

  • Wrongful death

The amount of damages the victims will eventually walk away with depends a lot on the experience of the lawyer representing them. This is why, in the aftermath of a car accident in Texas, victims need to seek medical attention and then call a good attorney right away.

Schuerger Shunnarah Trial Attorneys Is Ready for War

Covering rental costs for a replacement vehicle while battling serious injuries can be too much for many victims, especially when they cannot go to work or earn money to pay for the rental car fees.

However, with an experienced car accident lawyer representing them, victims can launch an insurance claim and sue the at-fault party for damages.

If an insurance company refuses to pay for the rental car costs in Texas, Schuerger Shunnarah Trial Attorneys will go to war for the rights of the injured victims.


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