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Can someone sue me for the cost of a rental car after an accident?

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Beckers

Junior Member
What is the name of your state?What is the name of your state? Oklahoma

I had an accident a few days ago, which was my fault. It wasn't a big accident, I was driving very slowly, the traffic light was green when I looked, but by the time I actually turned right, it must have switched to red already. The women in the other car was very young, with a small child. Her car really didn't get very messed up, but now she keeps on calling me because my insurance company won't pay for a rental car. She insists that I have to pay for it, since she needs to bring her child to nursery. She threatened to go to a lawyer, and take me to court because of this. My question is this, does she have any rights to force me to pay for a rental car? Can she actually sue me, or is this just an empty threat?

In case this is of any importance, I did not get a ticket for this accident, it's not going on my record. The policeman said that this was really an accident, even though technically, it's my fault.
 


TCA

Junior Member
Beckers, I'm not a lawyer but I in the past I delt with car insurance co's on a regular basis.

First I would recomend that you call your insurance agent and get his/ her's advice. Remember they represent you in this.

As you were not cited for the accident and from reading your post it appears that each party is responsible for the repairs to thier own vehicles is that correct? If so that is why your insurance co won't pay for her rental car as their customer (you) wasn't responsible for the accident. As for her suing you keep in mind anyone can sue anyone if they choose. More than likely it wouldn't be worth it for her to attempt to sue you & I doubt a lawer will take a case for what could amount to a couple hundred bucks.

Enterprise is one of several car rental companies that offer a replacement vehicle rate, many time this rate will be around $10 - $25. per day for basic transportation. So even if her car was out of service for a week the total wouldn't amount to much.

Again first step talk with your insurance agent and go from there.
 

houstonrockets

Junior Member
a person can sue you for rental charges after the accident if it was mostly your fault. what happens is their insurance company wont pay them for the rental so they tell their insured to get the money from YOU. its legal.

TCA said:
Beckers, I'm not a lawyer but I in the past I delt with car insurance co's on a regular basis.

First I would recomend that you call your insurance agent and get his/ her's advice. Remember they represent you in this.

As you were not cited for the accident and from reading your post it appears that each party is responsible for the repairs to thier own vehicles is that correct? If so that is why your insurance co won't pay for her rental car as their customer (you) wasn't responsible for the accident. As for her suing you keep in mind anyone can sue anyone if they choose. More than likely it wouldn't be worth it for her to attempt to sue you & I doubt a lawer will take a case for what could amount to a couple hundred bucks.

Enterprise is one of several car rental companies that offer a replacement vehicle rate, many time this rate will be around $10 - $25. per day for basic transportation. So even if her car was out of service for a week the total wouldn't amount to much.

Again first step talk with your insurance agent and go from there.
 

Who's Liable?

Senior Member
Of course this this all depends on who is deemed "at fault"...

If you were found to be "at fault", then yes, you would be responsible for paying for the woman's rental car. Her insurance company would contact your insurance company and your insurance company would write a check out for the cost of repairing the vehicle as well as the cost of the rental car...

If you are found to be "not at fault" then you would only need to pay for the cost of your own vehicle and your own transportation needs...

Let her sue you, the cost of her lawyer will most definitely exceed the value of the rental car, so what's the point? She's young an' dumb, let her make the mistake...
 

Beckers

Junior Member
Thanks for all the good advice! It was my fault, but as I said it was a total accident, and the policeman didn't write me a ticket for it. My insurance company is still paying for the repairs to her car, but they refuse to pay for a rental car. My guess is, that the accident just wasn't so bad that a rental car is absolutely needed. I don't know, but in any event, I think I'll just let her do whatever she wants. If she actually is going to attempt to sue me, that's her own problem. If she wants to spend her money AND time on this, instead of just paying for a couple of days renting a car... she can.

Thanks again!
 

whynot

Member
Does your insurance cover rental cars? THAT may be why they aren't paying for one. (It's a choice to purchase on some policies.)

If you are at fault, then why not pay for her rental car. She did nothing but happen to get in your way while you made a mistake. Not purposeful, just innocent accidental, but still if you broke someone's vase by accident on their floor, you'd pay for it? So legally held to it by court or not, it'd be the decent thing to do. Young woman with a child likely doesn't have spare money so it matters to her.

First though, ask your insurance why they aren't paying for a rental. It can't be the level of damages, because she won't have her car while it's in the shop for repairs no matter what. She should first be asking her insurance to either get yours to pay, or pay themselves (if she has rental on her policy.) You can suggest that to her. It doesn't make sense that this needs to come out of either of your pockets directly.

...ADD: never mind.
 
Last edited:

whynot

Member
Oh that's odd, something so old was what popped up on the page list for me. I'll edit - it is truly irrelevant.

The list down below on this page - is filled with 2005 postings as well...
 

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