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."

Answer provided by
Shannon Martin
Answered on Jul 28, 2021
Shannon is an expert in personal lines liability insurance with 13 + years of insurance industry experience. She also served as a special insurance liaison to AARP members for 6 of those years. She is a graduate of UL Lafayette and currently resides in NY with her family. Shannon is also an amateur juggler, ukulele player, and is a time travel paradox theory enthusiast.
“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.”

Did this answer help you?

Ask us a question by email and we will respond within a few days.

Have a different question?

You can meet us at our office and discuss the details of your question.

Easiest way to compare and buy car insurance

No long forms
No spam or unwanted phone calls
Quotes from top insurance companies