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Do I get a rental car by law if my car was hit in a parking lot and I place a claim through their insurance company? Please let me know.

State laws and insurance guidelines differ regarding if you should receive a rental car for the time period which your car is in the body shop getting repaired. If state insurance laws do not regulate this in your state then it will depend upon the at-fault party's liability insurance and if their policy allows for giving you a rental car allowance or reimbursing you for renting a car on your own.

When this is done you are being compensated for the loss of your vehicle during the reasonable time in which it takes to repair your car. Or if your car is found to be a total loss then the rental car allowance may be for until a settlement offer is given to you for the actual cash value (ACV) of the car.

For example in Texas if you have more than basic liability coverage or your accident was caused by another driver, you should be able to get a rental car while yours is being repaired according to the TX Department of Insurance. They state that a rental car should normally be provided:

  • If the other driver was to blame, his or her liability insurance will pay for a rental car.
  • If the accident was hit-and-run or the other driver was uninsured and at fault, your UM/UIM property damage coverage will pay for a rental car.
  • If your car was stolen and you have comprehensive insurance, your company will provide a set amount each day, up to your policy's limit, for a rental car.
  • If your car is being fixed or replaced for some other reason, your insurance company won't provide a rental car unless you have rental reimbursement coverage.

Check with the at-fault party's insurance company to find out if you will receive a rental car allowance. To find out if there are any state regulations regarding this you can contact your state's insurance regulatory body.

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This car insurance question was asked on 11/3/2006
This auto insurance answer was last updated on 11/10/2006
Mike requested this car insurance solution.
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