Am I Entitled to a Rental Car After an Atlanta Accident?

Your Rights to Transportation in Georgia

Georgia law recognizes loss of use as a compensable damage in car accident claims. When another driver’s negligence leaves you without transportation, you’re entitled to reasonable replacement transportation costs for the duration your vehicle is being repaired or until you receive a total loss settlement.

Coverage Through At-Fault Insurance

The at-fault driver’s liability insurance should cover your rental car costs as part of your property damage claim. However, insurers often delay authorization until they complete their liability investigation, potentially leaving you without transportation for days or weeks while fault is determined.

Using Your Own Rental Coverage

If you purchased rental reimbursement coverage (typically $30-50 per day), you can obtain a rental immediately without waiting for fault determination. Your insurance company will seek reimbursement through subrogation from the at-fault party. Coverage limits and daily allowances vary, so review your policy carefully.

What Constitutes a “Comparable” Rental

• Similar size and class: Sedan for sedan, SUV for SUV
• Adequate passenger capacity: Must accommodate your family size
• Required features: Four-wheel drive if needed for work
• Special needs: Wheelchair accessibility if required
• Not luxury upgrades: Unless your damaged vehicle was luxury class

Duration of Rental Coverage

Insurance companies must provide rental coverage for a “reasonable” repair period. In Georgia, this typically means the actual time needed for repairs plus a few days for inspection and pickup. For total losses, coverage continues until the settlement check is issued, usually 3-5 days after accepting the settlement offer.

Common Rental Duration Disputes

Insurers often pressure you to accept the first repair shop available, claiming delays for preferred shops aren’t covered. They may also cut off rentals prematurely if supplements are discovered during repairs or refuse extended coverage when parts are backordered. Your Atlanta car accident attorney can fight these unfair practices.

Direct Billing vs. Reimbursement

Many insurance companies have direct billing agreements with rental companies like Enterprise or Hertz. This eliminates out-of-pocket expenses but may limit your rental options. Alternatively, you can rent independently and seek reimbursement, providing more flexibility but requiring upfront payment.

Loss of Use Without Renting

Even if you don’t rent a replacement vehicle, Georgia law allows you to claim “loss of use” damages for the reasonable rental value of a similar vehicle during the repair period. This applies when you have alternative transportation but still suffered the loss of your vehicle’s availability.

Rental Car Insurance Considerations

Your auto insurance typically extends to rental cars, making additional rental insurance unnecessary. However, verify your coverage includes comprehensive and collision for rentals. Using credit cards with rental coverage can provide secondary protection. Never sign a rental agreement accepting liability for damages if the accident wasn’t your fault.

Steps to Secure Your Rental

1. Document your transportation needs immediately after the accident
2. Contact both insurance companies about rental authorization
3. Get written confirmation of coverage amount and duration
4. Reserve a comparable vehicle promptly to ensure availability
5. Keep all receipts and document any transportation hardships
6. Don’t accept inadequate vehicles or shortened rental periods

When Rental Coverage Is Denied

If the insurance company wrongfully denies rental coverage, you may need to rent at your own expense and pursue reimbursement through legal action. Document all costs including rental fees, additional insurance, gas above normal usage, and any lost wages from transportation issues. These become part of your damage claim.

Related Questions

• How do I file an insurance claim after an Atlanta accident?
• Can I recover lost income from my Atlanta car accident?
• What if I was partially at fault in my Atlanta accident?