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How can I get paid to have my car fixed if the at-fault driver's insurance denied the claim?
"What do I do if I was hit by a rental car and their insurance denies the claim? I was involved in a pretty costly accident in South Carolina. The other driver hit me from behind and the repairs to my car will cost several thousand dollars. I just received a letter in the mail stating they denied the claim since the other driver was driving a rental car and didn't have coverage at the time."
Shannon Martin · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
“This is a regrettable situation to be in. Insurance follows the car, not the driver. If the at-fault driver declined the rental insurance and their regular auto policy was either not active or did not extend coverage to the rental, then the carrier can and will deny the claim.
Do you currently carry
collision coverage
on your policy now? If so, you should be able to file the claim with your carrier. Once the repairs are completed, your carrier will seek reimbursement using subrogation. Subrogation means they will sue the other driver for the amount of the claim; you may even get your deductible back. If filing through your carrier is not an option, you will need to take the driver to court yourself.
The first step will be to contact the other driver and advise them of the damages’ cost by sending a letter of intent along with an estimate of the repairs and any additional charge you may have incurred, like towing expenses.
Hopefully, at this stage you and the at-fault party can come to some kind of settlement or payment arrangement.
If no settlement is reached, ask yourself the following questions:
- If I move forward with the time and expense of a lawsuit, *do they have the funds to pay me?
- If I lose in court, do I have the funds to cover their legal fees?
Depending on your answers, it may be time to find a
car insurance lawyer
or contact your local court to find out how to start the small claims process.Working with an experienced insurance agent to ensure you are adequately covered to avoid situations like this is essential.
If you are looking for better service and a cheaper rate,
Jerry
can help! Jerry shops prices with over 50 different insurance companies and delivers the lowest rates straight to your phone in seconds. If you have any questions, you can text an agent, and they will text right back with assistance!” View full answer
- Gregory R.
WHY YOU CAN TRUST JERRY
Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content.
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