Do I Get a Rental Car After a Personal Injury Car Accident in Missouri?
About the Author
Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered.
What to Expect Should You Choose to Rent a Car in Mid-Missouri if Yours Was Rendered Inoperable in an Injury-Causing Accident
Following a serious car accident, in addition to dealing with injuries sustained in the crash, it’s likely you will have to deal with obtaining repairs or replacement of your vehicle as well. But what do you do for transportation while you are waiting for your vehicle to be repaired, or while you are shopping for a new vehicle?
In Missouri, you are entitled to recover the reasonable costs of a rental vehicle while your vehicle is out of commission as a result of another person’s negligence in causing the accident and damaging your vehicle.
However, it’s important to understand there are important caveats to your right to obtain a rental vehicle, as well as certain factors to consider when obtaining your rental vehicle.
When Am I Entitled to a Rental Vehicle After a Car Accident in Mid-Missouri?
If you are involved in a car accident in Missouri, and another party is at fault for causing the crash, you are entitled to a rental vehicle for the duration of time that your vehicle is unavailable. Missouri law permits personal injury claimants to recover for both bodily injury and property damage caused to you by another driver’s negligence. The loss of use of your vehicle is a part of your property damage claim.
Typically, you will be permitted to use the rental vehicle for as long as the repair shop has possession of your damaged vehicle (i.e., from the time of the crash until your vehicle is repaired and returned to you). If your vehicle is a total loss, you will be permitted to use a rental for a ‘reasonable period of time’ while you search for a new vehicle. Often, this reasonable period of time is around two weeks. What constitutes a ‘reasonable period of time’ depends on factors such as vehicle availability, financing delays, and whether comparable replacement vehicles are readily accessible in the local market
What Limitations Are There on Getting a Rental Vehicle After an Injury-Casuing Car Accident in Mid-Missouri?
Assuming you are entitled to get a rental vehicle (another party is at fault and your vehicle is now unavailable), there are still limitations on the rental vehicle you can get, including:
- Necessity of the rental
- Reasonableness of the rental cost
- Duration of the rental use
- Comparability to your own damaged vehicle
In Missouri tort law (including car accidents), plaintiffs have a duty to mitigate their damages. The duty to mitigate damages means an injured party must take reasonable steps to minimize their own losses and expenses after an accident. When it comes to your property damage claim and obtaining a rental, this duty to mitigate prevents you from getting a rental if it is not needed, too extravagant, or kept for an unreasonable length of time. Insurance companies often scrutinize whether the rental was reasonably necessary, meaning whether the injured party actually needed alternative transportation during the repair or replacement period.
As for the type of vehicle you can get as your rental, the general rule of thumb is that you are entitled to obtain a rental vehicle that is comparable to your damaged vehicle. In other words, if you were driving a 2012 Toyota Camry at the time of the crash, it would be unreasonable for you to get a brand-new Range Rover as your rental vehicle. If you do obtain a rental vehicle that exceeds the quality of your own vehicle, you may be responsible for the difference in the increased rental price.
The other major limitation on your rental vehicle is the time duration for which you can keep the rental. As outlined above, you typically may only keep the rental for the period of time that your own vehicle is in the repair shop’s possession or for the time it takes to acquire a new vehicle.
Who Pays for the Rental Vehicle After a Personal Injury in Mid-Missouri?
Ultimately, the at-fault party’s insurance company is required to cover the costs of your rental vehicle after a car accident. However, it often takes the at-fault party’s insurance company several days to complete its own internal fault assessment and to agree to cover the costs of the rental.
As such, if you carry rental insurance coverage on your own auto insurance policy, I often encourage clients to go through their own insurance to obtain the rental vehicle. Doing so allows you to obtain the rental vehicle quicker and then allows your insurance company to seek reimbursement from the at-fault party’s carrier once liability is established.
If you do not have rental coverage on your own policy but you need a rental vehicle right away, you can pay out of pocket for the rental, and your attorney will seek reimbursement on your behalf from the at-fault party’s insurance company. It’s important to keep all receipts for your rental vehicle and to remember to only keep the rental for the time you are truly without transportation.
What Happens if There Is a Dispute as to Whether I Can Get a Rental Vehicle?
In cases where liability is disputed as to who’s at fault for causing the car accident, it’s likely there will be a corresponding argument as to whether you are entitled to a rental vehicle. In these cases, it’s important to talk with your personal injury lawyer prior to getting a rental vehicle. Your injury attorney should be able to advise you on the likelihood that you will be reimbursed for the costs of the rental down the road. If you have rental coverage under your own auto insurance policy, you can use such rental coverage.
Occasionally, your car accident lawyer will need to file a lawsuit against the at-fault driver to recover the full value of your damages, including rental fees you have incurred as a result of the crash.
Other FAQ Regarding Rentals in a Personal Injury Case in Mid-Missouri
Can I choose my own rental company?
Yes, but insurance companies often have preferred vendors. Choosing a significantly more expensive rental company without justification may lead to partial denial of reimbursement.
What if my car was already old or high-mileage?
You may still recover reasonable rental costs, but insurers may scrutinize vehicle comparability more closely.
Contact Duckworth Injury Law to Learn About the Best Way to Secure a Rental Care Following a Person-Injury Causing Accident in Mid-Missouri
My firm knows how a difficult situation can be made worse when you are suddenly without a vehicle after a serious car accident in Columbia, Jefferson City, the Lake of the Ozarks, or anywhere else across mid-Missouri. As such, Duckworth Injury Law ensures our clients understand their options when it comes to obtaining a rental vehicle or replacement vehicle after a car accident. Our firm is not afraid to stand up to the at-fault party’s insurance company when they attempt to deny a rental vehicle or try to make our clients pay for a portion of the costs of a rental vehicle.
Duckworth Injury Law takes pride in being mid-Missouri’s hometown law firm and strives to be the best personal injury firm across mid-Missouri.
If you’d like to discuss what options are available to you getting a rental car as a part of your personal injury claim, reach out to Duckworth Injury Law today for a free case evaluation and consultation.
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