After over 70 years of practicing personal injury law in Washington, DC, Maryland, Virginia, and South Carolina, we have noticed that perhaps the most common question is how to get a rental car after a car accident. The short answer is that it is not always possible. However, there are steps you can take to get a rental car even without rental car coverage on your policy without paying a dime. For the best advice that applies directly to your case, call our office for a free case consultation at (202) 331-7227. Every case is different, and much of what we cover here does not apply to every imaginable case. However, we do seek to cover nearly all imperative information to set you up to understand your options and decide whether an attorney can help. We know better than anyone how useful a rental car can be.
Especially if you drive for Uber or Lyft, but really for any profession, you may rely on your car to get to work. Unfortunately, getting a rental car is not always seamless. Further, your options depend on whether you have rental car coverage available on your own policy. If that is the case, that will be the quickest way to get into a rental and closer to returning to normalcy. But if you do not have rental car coverage, what are your options? Can you even use your rental car coverage if you are making a claim through the adverse insurer instead of your own? While a personal injury lawyer generally does not officially represent you in your bodily injury claim and thus in your claim for a rental car, Gelb & Gelb, and many other firms, will do so as a courtesy in conjunction with your personal injury case.
Who Pays for a Rental Car After a Car Accident?
Who pays for the rental car depends on three factors: whether you have rental insurance, whether the adverse insurer accepts liability outright, and whether you are willing to pay out of pocket with the expectation of receiving reimbursement thereafter. Below, we examine each of these three factors in turn.
The At-Fault Driver’s Insurance
This is the ideal scenario. If the adverse insurer accepts liability outright, which they should do in simple liability cases, they should cover your rental up until the repair is completed or until your car is deemed a total loss. The catch is that the adverse insurer does have the right to complete an investigation into liability. This can drastically slow the process of receiving a rental car and getting your vehicle repaired. The adverse insurer has the right to interview its client and determine fault. Naturally, the adverse driver may evade their insurer’s calls, as if that will help things. This can drag out the process. If their client gives a version of events that conflicts with yours and they find their client credible, they may deny liability. When this happens, you may be without a vehicle until we get to trial.
On the other hand, if the adverse insurer accepts liability, the process begins with them setting you up with an estimate and a body shop to repair your vehicle. To best understand this concept, let’s explore an extreme example. Suppose your car will take three months to be repaired as the body shop needs a part. In theory, the adverse insurer will provide a rental car for that entire time. However, in practice, you will run into a policy limits issue. Property damage liability in some jurisdictions can be as low as $5,000 or $10,000. This hardly covers the repair, let alone a rental car for that amount of time. This is when an underinsured claim or contribution from the defendant can help. To maximize your compensation, call our office today for a free consultation.
Your Own Rental Coverage
If you have rental reimbursement coverage as part of your auto policy, you can use it immediately, no matter who was at fault. Your insurer will pay for a rental car (up to your policy limits), and then they may pursue reimbursement from the at-fault driver’s insurer through subrogation. Generally, if you are using rental car coverage, you are also using collision coverage. Collision coverage enables you to get your car repaired through your own insurer. When you use collision coverage, you pay a deductible, which you then may get back if your insurer is successful in its subrogation claim against the adverse insurer.
Having rental car coverage on your policy is critical because it is undoubtedly the quickest way to get you back on the road. Unlike getting a rental car through the adverse insurer, you will not have to wait for an investigation to be completed, as your insurer likely owes you the rental under your agreement, regardless of whether you are at fault for the accident or not. However, having rental car coverage does not entitle you to anything that the rental car company offers. You must be mindful to adhere to the instructions from your insurer and only get what you can under your rental insurance. Otherwise, you may be on the hook for the difference between the cost of the rental and what your insurance covers. This is why it is crucial to communicate with your insurer rather than the rental car company, which may give you incorrect advice.
Out-of-Pocket Costs
If you have rental coverage, you should not need to reach into your pocket for a rental car. This is true even if you run out of coverage by maxing out your policy. Thus, you realistically will only spend money out-of-pocket if you cannot afford to wait for the adverse insurer to complete their investigation, or they deny liability altogether. Now that the stage has been set, we provide general guidance on getting a rental car on your own. First, understand that you should get a reasonable vehicle. The concern here revolves around the duty to mitigate your damages as a plaintiff. Thus, you must do at least two things:
- Only drive the rental car until your car is either repaired or deemed a total loss. That does not mean you will receive the funds for the total loss until then. Instead, as soon as the insurer informs you that your car will not be repaired, you must return the rental. This gives you the best chance of recouping your cost.
- Second, mitigate your rental car cost. The purpose of a rental car is not to provide a temporary vehicle that exceeds or even matches the quality of your car before the crash. Rather, it is to give you a means of transportation. A longstanding rule in personal injury law across all jurisdictions is that you mitigate your damages.
Even if you follow these two rules, there is still no guarantee that you will recoup your rental expenses. Moreover, there may be additional rules that apply, depending on your case.
How Long Can You Keep a Rental Car After an Accident?
You cannot keep a rental car indefinitely after an accident. As soon as the insurance company tells you to return the rental car, the best thing to do is to return it. Of course, an attorney may tell you that you can actually hold onto the rental car longer. However, without retained counsel, you are playing with fire, and it is best to err on the side of caution. Ultimately, there are only a few things that will halt your ability to keep your rental car.
Policy Limits are Reached
If you are using your own rental car coverage and your limits are reached on your policy, you must return the rental car. On many policies, you can only drive a rental car for up to 30 days. The bright side is that the insurer should give you advanced notice as to how long you can have it, so that you can plan accordingly. The same policy limits issue applies to the adverse insurer. If the property damage policy limits are reached on the adverse policy, you should first communicate with your own insurer about an underinsured claim, which may apply, and otherwise return the rental car.
Repairs to Your Primary Vehicle Are Completed
If your primary vehicle is under repair while you are driving your rental car, and your primary vehicle is fully repaired, you must then return the rental car. In general, you can only get a rental car during the reasonable repair period. This means you can rent a car while your vehicle is being repaired, including during extended periods such as when the body shop is waiting for new parts or experiencing a backlog of work.
Vehicle Declared a Total Loss
Once the car is declared a total loss, you are entitled to the market value of your vehicle at the time of loss. While that payment does not necessarily entitle you to a new car, you can theoretically buy a similar car with similar mileage and age. Unfortunately, you may still owe money on that car. This is when GAP coverage enters the picture and can pay off your previous car, allowing you to focus on purchasing a new one. However, you still must return the rental car once you learn that your vehicle is a total loss, not until you purchase a new car.
It is natural to want to drive your rental car until you have the time and resources to purchase a new car. Many accident victims proclaim that they should not have to pay for the rental because it is not their fault that the accident happened. However, this belief is not supported by the law.
Pro Tip: Protect Your Rental Coverage
If you are concerned that you will ultimately be on the hook for a rental car, you should consistently communicate with your personal injury lawyer and with the insurance company. Your insurance company will have the best information on how much coverage remains available under the property damage section of the applicable auto policy. Do not rely on the rental car company. They may tell you that you can drive the rental car for months. However, having the right to drive the rental does not automatically mean it will be covered under the auto policy following an accident. Always speak to an experienced local attorney for the best advice.
In our over seven decades of experience, we have seen clients who get a rental car through the insurance company mix up instructions from the insurance company versus the rental car company. To put it simply, the rental car company does not care whether you or the insurance company pays them. All they care about is having a larger bill to hand you when it is all over. Our goal regarding the rental car is to guide you such that you do not pay anything out-of-pocket, or at least are fully reimbursed for any out-of-pocket expenses.
What Type of Rental Car Can I Get?
Ultimately, it depends on the type of coverage you have. For example, the Progressive website advises against getting a luxury or exotic car for your rental. They note that a $50 per day limit may be typical with a $1,500 total limit. They also note that daily limits fall within $40–70 and coverage lasts up to a total of 30 or 45 days, depending on your state. Thus, while you may be able to spend more, we still advise going as cheaply as possible to deal with potential hidden fees. Unfortunately, many clients say they had a minivan or large truck before, and that is what they need to resume normal activities. Unfortunately, rental coverage does not work like that. If you normally drive a high-end vehicle like a Mercedes or Range Rover, your rental coverage will not make an exception.
While you can purchase a larger policy, your insurer does not base your rental offer on the car you were driving before. Of course, if you do want the larger or more luxurious vehicle, you always have the option to max out your rental coverage and pay the difference out of pocket. So, assuming you are somewhere within the range of what Progressive offers for rental insurance coverage at $50 per day, what type of rental car can you get?
Per the Enterprise website, in 2025, you can get the following vehicles, subject to availability and location:
- Mitsubishi Mirage for $34.99/day (economy)
- Nissan Versa for $34.99/day (compact)
- Toyota Corolla for $35.99/day (midsize)
- Volkswagen Jetta for $36.99/day (standard)
- Chevrolet Malibu for $38.99/day (full size)
- Nissan Maxima for $43.99/day (premium)
- Hyundai Kona for $44.59/day (compact SUV)
- Hyundai Kona AWD for $44.59/day (compact SUV AWD)
- Nissan Rogue for $45.50/day (midsize SUV)
Steps to Take Immediately to Secure a Rental Car
The general guidance for securing a rental car omits crucial information needed to maximize compensation for injuries resulting from your accident. To do that, the best thing to do is consult with an attorney immediately. However, to secure a rental car, there are steps you can take. The speed at which you can get one ultimately depends on whether you have rental car coverage. But first, understand that you can only get a rental car through your insurance if you are in an accident. When that happens, your coverage kicks in, and it becomes possible. If you do have rental coverage, contact your insurer, and they will provide you with the next steps to get you into a rental as soon as possible. Under most insurance agreements, you do not have to pay a deductible, and you can get into a rental car that same day.
But if you do not have rental car coverage, you have two options. Option one is to remain at the mercy of the adverse insurer. They will likely conduct an investigation into coverage and liability. They like to ensure that the person they insure was actually driving the vehicle, and that their insured is at fault. Unfortunately, this process can take weeks or even months. Thus, the best thing to do if you do not have rental car coverage yourself is to reach out to an attorney. That is option two. We will advise you on whether to pay out of pocket for a rental car and whether you can expect reimbursement. If you choose to pay out of pocket and hope for reimbursement, we will advise you on the best way to do this, ensuring you are fully reimbursed.
Does Insurance Cover a Rental Car After an Accident?
That is typically the only time insurance covers a rental car. This means that you probably are not able to use your rental coverage to get a rental car, even if you are traveling for work or leisure. However, you do not necessarily get a rental car just because you are in an accident. Of course, if you have coverage, you should be able to get a rental after an accident for when you need it, up to the policy limits. However, if you do not have rental insurance, the adverse insurance policy, when available, should still cover your rental car. But that does not mean you will get the rental car right away. If liability is pending or is denied, you will have to pay out of pocket.
At this point, it is best to speak with a car accident attorney at Gelb & Gelb to seek reimbursement from the adverse party. In theory, you can still purchase a rental car without permission from the adverse insurer and seek reimbursement later. The problem is that the adverse party may not be on the hook for all of the charges you accumulate. This is why it is critical to seek legal representation to mitigate your exposure to these costs. Moreover, even if the adverse party is liable for your damages, they may not have enough coverage to pay for your rental car and your property damage. Often, there is a limits issue, which is one of the most common challenges regarding rental cars. We discuss these in detail next.
Mandatory Minimum Property Damage Coverage by State
When you get a rental car from the adverse insurer, you are drawing from their property damage policy. Accordingly, the following are the mandatory minimum limits for the DMV. Please note that this is not an insurance company decision, but a decision made by the state government.
- Washington, DC: The mandatory minimum property damage limits in DC are as low as $10,000. This is a strikingly low number that does little for accident victims.
- Maryland: The mandatory minimum property damage limits are $15,000 in Maryland. While better than DC, this is far too low and does not properly compensate accident victims whatsoever.
- Virginia: Since January 1, 2025, the mandatory minimum amount is $25,000 for property damage. This is more in line with reality, placing its neighboring states in a negative light, and focuses more on helping accident victims.
- South Carolina: South Carolina requires that drivers carry at least $25,000 in property damage liability coverage.
Unfortunately, many of these minimum amounts do not fairly compensate an accident victim when there is only one claimant. So, when there are multiple claimants, generally no one gets the amount that they deserve, and they end up paying out of pocket for their own repairs and replacement vehicle in the event of a total loss.
Common Challenges Getting a Rental Car After a Car Accident
You may face several challenges while getting a rental car after a car accident. Moreover, while our law firm represents you for your bodily injury claim, we do not necessarily represent you for your rental car claim. Although we will still work with you as much as you need, guiding you through the process and advising where applicable. It just so happens that the amounts do not need to be negotiated. If the adverse insurer accepts liability, compensating you for your rental car is a simple calculation. And while it helps to have someone in your corner advocating for your interests, it is not necessary for the rental car portion of your claim alone. Now, if the adverse insurer denies liability outright and you also have a personal injury claim, we will file a lawsuit and can include your rental car damages in your case.
So, if you are not injured whatsoever in your case, and still want a rental car for the time your vehicle is in the shop, the common challenges we detail below may apply.
Exhausted Rental Coverage
If your car is still in the shop and you have exhausted your rental coverage, you may need to consider alternative transportation options. Many policies limit the number of days they will cover you for the rental car. This is unfortunate. Many accident victims rightly believe that they should keep possession of the rental for as long as their car is in the shop, as that is what they pay rental coverage for. However, a rental agreement is the same as any other. You are free to contract for whatever is available. Unfortunately, these insurance companies tend to only offer a set number of days. Thus, your only option to keep the rental car beyond the set number of days is to pay out of pocket and seek reimbursement from the adverse party.
Out of Rental Cars
It is rare that a rental car company will be completely out of rental cars. However, what may happen is that your rental policy or the adverse insurer is only willing to cover you up to a certain amount, and only through certain rental car companies. They are within their rights, generally, to limit your options to only certain vendors. When you find yourself speaking to a rental company that is out of vehicles within your range, we recommend speaking to your insurer. The onus is on them to reach out to their other rental partners and find a vehicle that fits your needs and budget under the policy. Suing your insurer for a breach of contract is unlikely to be successful.
Not only would this require a separate retainer agreement, but your insurance contract is likely to be written in a way that requires the insurer only to make reasonable efforts to find you a rental car from their approved vendors. In events such as major storms, where people who do not have cars are attempting to flee the area, it is not unreasonable for all rental companies in the area to be out of vehicles. This happened during the COVID-19 pandemic. As the demand for rentals dropped dramatically, rental car companies reduced their fleets to match the lack of demand.
But by 2021, rental car companies could not get cars at fair deals due to supply chain shortages. Thus, there was insufficient supply to meet the demand of potential renters. When this happens, there is little your insurer can do. At best, you can ask that your insurer refund your premiums in this rare scenario.
Multiple parties
When there are multiple parties in a car accident, you will very quickly run into a policy limits issue. Above, we outlined that the property damage coverage limits of a driver’s insurance policy vary by state. As you could likely guess, especially in jurisdictions like DC, where the $10,000 amount will not even cover many repairs, let alone a total loss scenario, when one driver is responsible for property damage to multiple vehicles, there is almost always a policy limits problem. The good news is that you may be able to make an underinsured claim if your property damage limits are greater than the at-fault party’s. When that happens, you may be able to cover the difference, depending on the size of your policy.
However, if you do not have coverage on your own vehicle, or if you have the same amount of coverage as the at-fault vehicle, you cannot make an underinsured claim and can almost certainly not get a rental car without paying out of pocket or using your own rental coverage.
Pending Investigations
A pending investigation by the adverse insurer is perhaps the most common reason why you would experience a delay in getting a rental car from the adverse party. Of course, there are still ways to get into a rental quicker. To do that, the best thing to do is consult with an attorney for the best advice applicable to your unique case. But unfortunately, there is nothing we can do to speed up their investigation. The one major piece of leverage we have as attorneys is to file a lawsuit. Of course, the legal process is not quick. Thus, one option you have is to pay out of pocket and seek reimbursement down the line. However, before proceeding, we strongly recommend consulting your attorney for their recommendation regarding the rental car type.
An insurer has the right to investigate the accident. Doing so does not constitute bad faith. What often happens is that the insured avoids the insurer’s attempts to reach them, knowing they are at fault for the accident. While the insurer may want to void coverage, it must adhere to the requirements set by the state. They must be able to establish that there has been material and substantial non-cooperation by their insured. This means that the insured actually or substantially prejudiced the insurer’s investigation. And in some states, the insurer must give both reasonable notice and an opportunity to cure. Thus, the law does protect the insured from an insurer prematurely canceling a policy. But to protect the insured from a bad-faith insurer, it takes time.
Uninsured Drivers
This is undeniably among the biggest challenges in terms of obtaining a rental car. Not only will you have a tough time getting a rental car, but you may not be able to get reimbursement for your property damage at all. But staying within the focus of this page, you can only get a rental car when you get into an accident with an uninsured driver through two methods.
- First, if you have rental coverage, you can get a rental car regardless of whether you are at fault, and in advance of the conclusion of any liability investigation.
- The second way to obtain a rental car without insurance through the adverse party is to pay out of pocket.
Unfortunately, there are no other means of getting a rental car under standard insurance policies. While you can make an uninsured motorist claim for your personal injuries, which is a claim we make regularly, an uninsured claim for property damage does not exist by that name. Instead, you can use collision coverage if you paid extra to get that feature in your insurance contract. You may be responsible for half or all of a small deductible, but it will cover your property damage. Nonetheless, it will still not cover a rental car without rental coverage.
Disputes Over “Reasonable” Repair Time
This section applies particularly to claims made after the fact, when you originally paid for the rental car out of pocket. In most instances, it’s best to stay in touch with your attorney and the insurance company to understand exactly when you must return your rental car, so you are not liable for any extra costs. Of course, the standard of a reasonable repair time is highly subjective and varies. Thus, you should be aware of some general guidelines to better position yourself against extra costs. Know that if your car is drivable, you may be eating into an unreasonable amount of time for the repair. For example, if the body shop is waiting on a part but you could drive your car, you may be liable for the extra rental costs.
Additionally, some insurers will argue they are only liable up to 30 or 45 days, whichever is the maximum they allow. But even if they are liable for those three months, you will probably still face a policy limits issue. Thus, when it goes on for that long, it is best to consult with your attorney and seek alternative means of transportation. As a plaintiff, the duty to mitigate your damages always hangs over head in these analyses.
If You are at Fault
If you are at fault for an accident, you still have options to get a rental car. However, at least in a contributory negligence jurisdiction, you will be unable to receive reimbursement from the adverse party. Thus, your only options are either to use rental coverage on the policy you are in or to use rental coverage on a policy at home in which you are a named insured. And as always, if you are at fault for an accident in any jurisdiction, you can still pay out of pocket for a rental car if your needs dictate that this is a good choice.
As always, it is best to consult with an attorney to confirm whether you are actually at fault, have the ability to recover from the adverse party, or if any other options are available to you based on the unique facts of your case and the law in your jurisdiction.
Adverse Insurer Denies Liability or Coverage
An adverse insurer may deny liability or coverage. An insurer will deny liability when they believe their insured did not cause the accident or they have a viable defense that will excuse them of fault. Or, they will deny the claim due to a coverage issue. For example, if they believe the driver responsible for the accident is excluded under the policy or had stolen the vehicle, then the policy would remain active but not cover the driver who was behind the wheel and thus liable for the accident. While there are still legal theories we can try and have been successful on in the past, this may conclude any chance of resolving the case with that particular insurer. Of course, there may also be secondary policies available to recover from under the adverse driver’s name.
But in the event that the adverse insurer does successfully deny liability or coverage, your options are threefold: (1) to recover reimbursement from a secondary insurer for your rental, (2) to pay out of pocket, or (3) to use your own rental car coverage.
Age Requirement
The law on this is interesting. It is true that most, if not all, insurance companies require a potential renter to be at least 21 years of age. However, this is not a legal requirement. In fact, some laws prohibit age-based discrimination. In particular, Maryland Transportation Code § 18-109 prohibits rental car companies from discriminating solely on the basis of age. A company may not refuse to rent to an individual who is 18 years or older, nor may it charge that individual a higher rental fee than it normally charges. However, this statute requires that the 18-year-old own the vehicle, and that the repair of the vehicle be covered by a warranty, a recall of the vehicle, or a repair of the vehicle as a result of the recall.
In Washington, DC, there is no similar statute. Of course, age discrimination occurs regularly. While these policies may feel unfair, the law does not clearly prohibit them. Moreover, addressing such issues falls outside the scope of our legal representation. Accordingly, you may choose to work with what is available on the market, through your rental insurance when applicable. Below, we list the age requirements for some of th emost common rental car companies.
- Enterprise: The minimum age is 21 in DC and Maryland. Renters between 21 and 24 may face surcharges.
- Hertz: The minimum age is 20 in DC and Maryland.
- Avis: The minimum age is 21 in DC and Maryland. Renters between 21 and 24 may face surcharges.
Contact Gelb & Gelb Today
If you are in an accident in Washington, DC, Maryland, Virginia, or South Carolina, contact our office today for a free case consultation. We will represent you for your injuries, working to secure maximum compensation. We will also help get you into a rental car. Our office will explore every available option so that you do not have to pay out of pocket while your car is in the shop.
Call us today at (202) 331-7227.
