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Steps for A Rental Car After an Accident in Colorado

Western States Law, P.C. July 21, 2020

Getting a Rental Vehicle

When a collision is caused by someone else you may be entitled to a rental vehicle at their cost. Often, it is easiest to get the rental vehicle through your own insurance company if you have purchased rental coverage. If your insurance company pays for your rental vehicle, your adjuster will usually go after the at-fault party's insurer and get reimbursed. Unfortunately, most people do not purchase such coverage. Generally, the insurance company of the at-fault party will pay for your rental vehicle while yours is being repaired or until they pay for the total loss of your vehicle. Usually, asking is enough.

How Long Should I Be Able to Keep the Rental Vehicle?

Most insurance companies will pay for your rental vehicle until your car is repaired or until they have issued the check for the total loss of your vehicle. However, we would argue that they should have to pay for a rental vehicle for at least three days after you receive the final settlement check. You need some time to find and purchase a new vehicle after you actually receive the check and there is some legal authority in Colorado that three days is a reasonable amount of time after getting paid. Contact us at 303-400-8100 if you have questions about getting a rental vehicle.

What Type of Vehicle Must They Rent for Me?

Often an insurance adjuster will want to pay as little as possible for a rental vehicle by claiming that they simply have to give you transportation. This is not fair when you have a 4wd or large vehicle. You are entitled to have a "similar" rental vehicle, not just transportation.

What About the Days that I Did Not Have a Rental Vehicle Following My Accident?

If your accident was caused by someone else, their insurance company will often take time to investigated and decide if they are accepting liability. Under Colorado law, you are entitled to be compensated for the loss of use of your vehicle following the accident, even if you do not have a rental vehicle. Some of our clients never actually get a rental vehicle because they have alternate transportation or simply can't drive due to their injuries. However, the other person's insurance company is responsible to pay the reasonable value of a similar vehicle, even if you do not get a rental.

Contact us if you have questions about your rights to a rental vehicle or for compensation for the loss of use of your vehicle even if you don't get a rental.