What a week you’ve had! You’ve been in a car accident, but your boss doesn’t want to know about it. You still have to get to work, and the kids aren’t about to walk to school just because your car is off the road. What can you do, and how do you do it? Portland car accident attorneys frequently receive calls from distraught clients wanting to know how they are supposed to get from “A” to “B” without wheels. The problem is even more pronounced if your family normally has access to only one car. The fact is, the insurance company should provide you with a rental company, but it's not always that simple. What’s more, if you can convince the insurance company to cough up a rental, it should be a model at least equivalent to your own car. In other words, if you’ve been taking the kids to school in an SUV, they shouldn’t put you into a Volkswagen Beetle as your rental.

1. Portland Personal Injury Attorney Discusses Getting a Rental After an
Accident
What a weekyou’ve had!You’ve beeninacar accident,butyour bossdoesn’twantto know about
it.You still have toget to work,andthe kidsaren’taboutto walkto school justbecause yourcar is
off the road. What can you do,and howdo youdo it?Portlandcar accidentattorneysfrequently
receive callsfromdistraughtclientswantingtoknow how theyare supposedtogetfrom“A” to “B”
withoutwheels.
The problemisevenmore pronouncedif yourfamilynormallyhasaccesstoonlyone car. The fact is,
the insurance companyshouldprovide youwitharental company,butit'snot alwaysthatsimple.
What’smore,if you can convince the insurance companytocoughup a rental,itshouldbe a model
at leastequivalenttoyourowncar. In otherwords,if you’ve beentakingthe kidstoschool inan
SUV,theyshouldn’tputyouintoa VolkswagenBeetleasyourrental.
Sometimesit’seasierthan others
If you’re lucky—andluckshouldn’treallycome intoit—andthe accidentwasn’tyourfault,the at-
faultdriver’sinsurance companywill immediatelyacceptliabilityandpayforyourrental vehicle for
as longas your car is off the road. But the problemscome when:
 The at-faultdriver’sinsurance companydragstheirheelsmakingadecisionoran
admissionof liability
 The at-faultdriver’sinsurance companyrefusestomake anydecisionortoadmitliability
whatsoever
 The at-faultdriver’sinsurance companydeniesliability(thisoftenhappensevenwhen
the case iscut-and-dry) andfightsyourclaim
In caseslike these,yourbestoptionistocheckyourown insurance policytosee if youhave rental
coverage.Don’tworry! Askingyourcompanyto payfor yourrental is notan admissionof liability,
and yourinsurance companywill letthe at-faultdriver’sinsurance companyknow thattheywill be
expectingpaymentforyourrental once liabilityhasbeenestablished.
But the at-fault driver’scompany is refusingto accept liability,and I don’t have rental cover on my
policy!Now what?
Thisis the worst-case scenario,andwouldcertainlywarrantyoucontactinga goodmotor vehicle
accidentattorney.Lawyersgenerallyhave muchbettersuccesswithinsurance companiesthan
individualsdo,andtheycanand will applypressure onyourbehalf.
In the meantime,however,you’ll have tofootthe bill forthe rental.Once youwinyourcase,you
will be entitledtorecoverall the moneyyouhave spentonthe rental,butinthese economically-
stretchedtimes,thisscenariofrequentlyplacesanunfairburdenoncar accidentvictimswhenthey
can leastaffordit.

2. If you do findyourself underpressure,getapersonal injuryattorneyonyourside assoonas possible
afteryou’ve discoveredthe at-faultdriver’sinsurance providerisdelayingordenyingyourclaim.In
Oregon,statutesof limitationstoaccidentclaimsapply,andsome typesof accidentshave much
smallerwindowsof opportunitytomake claimsthanothers.
The other guy’sinsurance company agreedto letme use a rental.How longcan I keepit?
Once again,thisis a gray area. Inmost circumstancesyoushouldbe able toholdontoyour rental
car:
 Until youreceive acheck if yourcar was totaledinthe accident
 For a “reasonable”time while repairsare beingmade toyourvehicle
The insurance companiesgenerallyuse aformulatodecide how longtheythinkyoushouldbe able
to keepthe rental car. Thisisdone by usinga chart that showshow manydays it shouldnormally
take to repairyour car for the damage causedto it. If the repairstake longerthanthis,for whatever
reason,the insurance companymayrefuse tocontinue topayfor the vehicle rental.Youthenhave
the optionsof:
 Returningthe car
 Holdingontothe car andpayingfor ityourself
 Claimingbackthe extracostsyou incurredfromthe insurance company,if youcan prove
whythe repairstooklongerthan the rental companysaidtheyshould
Do not acceptpressure fromthe at-faultdriver’sinsurance company.Theyfrequentlytellpeople
that theycan onlyholdontothe rental for a limitedperiod,like aweekortwo.Documenteverything
theytell you,aswell asyour response andpassall that informationontoyourpersonal injury
attorneyif youthinkthe insurance companyisputtingyouunderunfairpressure tohandthe rental
car back.
The tide can turn, so be careful!
It’sveryimportantto rememberthatwheneveranOregonroadaccidentoccurs,no matter how
obviousitiswho’sat fault,unlessthere wasapolice officeraroundwhojusthappenedtosee the
accidentand makesaninstantdecision,it’sactuallynotpossibletodefinitivelysaywhowasat fault.
Insurance companiescouldquicklyturnthe tablesonyou,evenif the at-faultdriverinitiallyadmits
liability.Be sure to tell yourowninsurance companythatyou've beeninanaccident,evenif you're
positive the otherdriverwasatfault.Afterthat,an insurance adjusterwill come tolookatyour car
and decide if it’sacomplete write-off,orif it’sworthgettingitrepaired.Thisisnota decisionyou’re
allowedtomake yourself.

3. Clearly,gettingarental car isnot as straightforwardaprocessas it probablyshouldbe.Insurance
companiesare notoriouslyslowaboutadmittingliability,andthiscouldleave youwithoutany
vehicle while you’re waitingforthemtomake up theirminds.
Your bestdefense inthese casesisto getintouch witha Portlandpersonal injurylawyerwhowill
take care of negotiationswiththe insurance companies.Let’sface it,you’ve alreadyhada tough
week,soleta professional take some of the pressure off you.