Obtaining a rental when involved in an accident where other party is at fault

You won't get an SUV rental. Mid sized at best.

Same thing happened to my wife. Drove an SUV, other party was at fault, and we needed a rental.

All they wound up giving us was a mid size sedan. Good luck with it.

Is that you, Billy Ray?

Certainly reasonable to expect it, I'd get a clarification on the $ amount though.

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Same thing happened to my wife. Drove an SUV, other party was at fault, and we needed a rental. All they wound up giving us was a mid size sedan.

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This is just because you accepted it. The other driver's insurer is not your insurer. They do not control what you can and cannot rent. They will try to tell you that they only pay $35/day or something stupid like that. Tell them you are not their insured and they will not dictate what you rent. Tell them you are going to rent a comparable vehicle and they can either pay for it or get sued for it...but they are going to pay either way. They will cave and pay.

Long story short also, but I was involved in a weird accident where a vehicle on the opposite side of I-12 entered the median and threw debts onto my windshield that made my vehicle where it could not be driven. Windshield was completely blown out. The insurance company that covered the truck that forced the other vehicle into the median accepted responsibility. I was driving a Sequoia and made the argument that I was not going to drive anything other than an SUV. They agreed and paid the full amount for an Expedition. You need to stand your ground and tell them you are not going to sign any type of release medical or otherwise.

$50 A day is the cap for most car rental reimbursement.

Not an attorney, but have had to deal w/ insurance companies twice for rentals in the past few years.

Sounds like there is a lot of advice from people that had partial liability in their accidents. Since the other party is at fault and the insurance company has accepted liability; you essentially get to dictate what you drive. You can try to work with them and have them set you up with an appointment with their rental company (I think they use Hertz) so you won't have to worry about putting down your credit card for a deposit. You could also try to go to the rental company of your choice and have them contact State Farm while you wait, but that can be a hassle.

In regards to the car, you should get a comparable car. If she drove a midsized SUV, call around and see who has a midsized SUV. If you get a bad adjuster, then the worst that will happen is you will have to negotiate with them when you settle the claim.

I got hit by a high school kid leaving church about 2 years ago. He was at fault and I had to get a rental. It was a shite show for the following 10 weeks. My truck was a 4wd Z71 and the rental car place put me in a Kia Sorento. The next day I noticed a severe oil leak on it and brought it back to cover my own arse. They returned the favor by sticking me with a minivan. Well, I wasn't happy but they claimed it was all they had available. So I sucked it up and drove it for 2 weeks. Then the dealership I was getting my truck repaired at started tacking on thousands of extra damage, each time pushing back the time I was supposed to get my truck back. Long story short, State Farm wrote 4 supplemental checks after the original 10 grand in damage. After the two weeks in a minivan, I called to get a replacement vehicle so I could go to our hunting camp. Not only would the rental company lie about not having anything available, they began avoiding my calls and always made me speak to a new representative in person. After 2 weeks of this bull crap, I showed up with a flaming case of the red arse and demanded a truck. After they declined, I proceeded to kill two deer that weekend and throw them in the back of this brand new dodge caravan. This thing had 48 miles on it when I got it! Two weeks later, i went to the rental company and they finally got the idea that I wasn't playing. The trunk looked like a murder scene. They delivered a brand new rental truck to my house that evening.

Moral of the story: the insurance company and rental car place will do their best to put you in something that is cheaper and less comfortable than you have.