Imagine this: you’re just cruising down US-50 in Pueblo, maybe heading to the Historic Riverwalk for dinner, when BAM – some distracted driver slams right into your car. Your vehicle’s getting towed to a body shop, and suddenly you’re standing there wondering, “How in the world am I supposed to get to work tomorrow?”
If you’ve ever found yourself in this spot, you are absolutely not alone. I’ve seen countless folks here in Pueblo really struggle with getting a rental car after an accident. Honestly, it’s one of those things nobody really thinks about until they desperately need it. But here’s the good news: you’ve got rights when it comes to getting replacement transportation, and I’m going to walk you through everything you need to know.
Why a Rental Car Matters More Than You Think
Let’s be real – in a place like Pueblo, you can’t just hop on the subway or catch a bus to everywhere you need to go. Your car isn’t just a way to get around; it’s your connection to work, school, getting groceries, and everything else that makes up your daily life. When someone else’s mistake takes that away from you, they should absolutely pay for a replacement while your car’s being fixed.
But here’s the thing that really gets me: insurance companies know how much you depend on that rental car. And sometimes, they’ll try every trick in the book to avoid paying for it or to lowball you on what you’re actually owed. That’s exactly where knowing your rights becomes super handy.
Who’s Actually On the Hook for Your Rental Car?
This part can get a little bit confusing, but stick with me. Generally speaking, there are a few different ways your rental car can get paid for:
The At-Fault Driver’s Insurance
If the other driver caused the accident, their liability insurance should cover your rental car costs. This is usually the best scenario because you’re not dealing with any daily or total limits from your own policy.
Your Own Insurance (If You Have Rental Coverage)
If you were smart and added rental car coverage to your own policy, your insurance will cover it no matter who was at fault. Just keep in mind, most policies cap this at around $30-40 per day, which might not quite cover a full-size SUV if that’s what you normally drive.
Your Collision Coverage
Even if you don’t have specific rental car coverage, if you have collision coverage and the other driver’s insurance is dragging their feet, your insurance might step in and cover the rental. Then, they’ll usually go after the at-fault party’s insurance to get their money back later.
What You’re Really Entitled To
Here’s a little secret that might surprise you: you don’t have to settle for the cheapest economy car on the lot. Nope! You’re entitled to a “like kind and quality” replacement vehicle. What does that mean? If you drive a pickup truck for work, you should get a pickup truck. If you’ve got three kids and usually drive an SUV, you shouldn’t have to cram everyone into a tiny compact car.
I’ve seen insurance adjusters try to convince people that any four wheels and an engine should be good enough. Don’t fall for it! You have the right to transportation that actually meets your needs.
Daily Limits and Duration
Most rental coverage policies come with daily limits (like that $30-50 per day we talked about) and also total duration limits. But, if the at-fault party’s insurance is paying, these limits might not even apply to you. The key is getting their insurance to accept responsibility for the accident quickly.
The Real-World Process (And Where Things Usually Go Sideways)
Let me walk you through what typically happens after an accident here in Pueblo:
Step 1: The Immediate Aftermath
Your car gets towed, maybe to one of the local shops like those along Northern Avenue. You’re shaken up, perhaps dealing with injuries, and honestly, the last thing on your mind is rental car paperwork.
Step 2: The Insurance Dance
You call the at-fault driver’s insurance, and this is often where things get super frustrating. They might tell you they need to “investigate” before they’ll approve a rental. Meanwhile, you’re supposed to just… not go anywhere?
Step 3: The Rental Runaround
Even when they do approve the rental, they might try to steer you towards a specific company or try to limit you to their “preferred” daily rate. Some adjusters will even tell you that you have to pay upfront and then get reimbursed later.
Where It Goes Wrong
The biggest problem I see is people just accepting whatever the insurance company tells them without question. You absolutely do not have to use their preferred rental company, and you don’t always have to pay upfront if they’ve already accepted responsibility for the accident.
Your Rights Under Colorado Law
Colorado uses a “fault” system for car accidents, which simply means the person who caused the accident is responsible for all the damages – including your need for replacement transportation. Here’s what that means for you:
Reasonable Rental Period
You’re entitled to a rental car for as long as it reasonably takes to repair your vehicle, or until you receive a settlement if your car is totaled. Insurance companies can’t just cut you off after a random number of days if repairs are legitimately taking longer.
Comparable Vehicle
Like I mentioned earlier, you’re entitled to a vehicle that’s pretty similar to what you were driving. This isn’t just about size – if you drive a 4WD vehicle in Colorado for a good reason (like our unpredictable weather!), you shouldn’t have to accept a tiny sedan.
Reasonable Costs
Now, you can’t go rent a luxury car just because you feel like it, but you are entitled to pay reasonable market rates for an appropriate vehicle. Insurance companies can’t force you to use a rental company that’s 50 miles away just because it’s $5 cheaper per day.
Common Insurance Company Tactics (And How to Handle Them)
Over the years, I’ve seen insurance companies try some pretty creative ways to minimize what they pay out for rental cars. Here are the most common ones:
“We Need More Time to Investigate”
While they investigate, you’re stuck without a car. In clear-cut cases, this is often just a delay tactic. You can often get a rental through your own insurance and let them duke it out later.
“You Can Only Use Our Preferred Provider”
Not true! You can rent from any legitimate rental company. They might try to limit reimbursement to their contracted rate, but if their rate doesn’t actually get you a comparable vehicle, they need to pay the reasonable market rate.
“Economy Cars Only”
Again, not true if you don’t normally drive an economy car. Make sure to document what you drive and why you need something similar.
“You Have to Pay Upfront”
If they’ve accepted responsibility, many rental companies will bill the insurance directly. Don’t let them make you float the cost if you don’t have to.
Practical Steps to Protect Yourself
Document Everything
Take photos of your vehicle, get a copy of the police report, and keep records of how the accident has impacted your daily life. If you miss work because you can’t get there without a car, definitely document that too.
Know Your Policy
Before you ever need it, take a few minutes to understand what rental coverage you have on your policy. It’s usually pretty inexpensive to add and can save you major headaches later.
Don’t Accept the First “No”
Insurance adjusters are people doing a job, and sometimes they’re simply wrong or working from outdated information. If something doesn’t sound right, ask to speak with a supervisor or get it in writing.
Keep Receipts
Save absolutely everything related to your rental car, including gas receipts if the insurance company is supposed to cover transportation costs.
When Things Get Complicated
Sometimes rental car claims aren’t straightforward. Maybe the other driver’s insurance is denying fault, or your car has been sitting at the shop for weeks waiting for parts. These situations can get complex really fast.
Disputed Responsibility
If both insurance companies are pointing fingers at each other, you might find yourself stuck in the middle. This is where having good coverage on your own policy can be a lifesaver – your insurance can cover the rental while they sort things out.
Extended Repair Times
With supply chain issues affecting auto parts, repairs are taking longer than ever. Insurance companies sometimes try to cut off rental coverage after 30 days, claiming that’s “reasonable.” But if the delay isn’t your fault, you shouldn’t have to pay for their impatience.
Totaled Vehicles
If your car is declared a total loss, you’re typically entitled to a rental until you receive your settlement check and have a reasonable amount of time to find a replacement vehicle. “Reasonable time” usually means a few days to a week, not months.
The Hidden Costs They Don’t Tell You About
Here’s something that really gets under my skin: insurance companies are quick to nickel and dime you on rental cars, but they don’t always mention additional costs you might be able to get back.
Mileage Reimbursement
If you have to drive significantly farther to pick up your rental car, or if the rental location is super inconvenient compared to where you normally keep your car, you might be entitled to mileage reimbursement.
Lost Time
The time you spend dealing with rental car paperwork, picking up and dropping off vehicles, and coordinating with insurance companies is time the at-fault party’s negligence cost you. While it’s hard to put a dollar amount on, it’s definitely part of your overall damages.
Alternative Transportation
If rental cars aren’t available (which happened a lot during the pandemic), you might be entitled to reimbursement for rideshares, taxis, or other transportation costs.
Special Situations in Pueblo
Living in Pueblo comes with some unique things to think about when it comes to rental car claims:
Weather Considerations
Colorado weather can be pretty wild, and if you normally drive a vehicle equipped for mountain driving or winter conditions, you absolutely shouldn’t have to accept a rental that’s not suitable for our local conditions.
Work Requirements
Many Pueblo residents work in jobs that require specific types of vehicles – think construction, ranching, or jobs that need you to haul equipment. Your rental should accommodate your work needs, not just your daily commute.
Rural Areas
If you live in one of the more rural areas around Pueblo, having to drive 30 minutes each way to swap out a rental car isn’t reasonable. Make sure to factor in that inconvenience and any additional costs.
Red Flags That You Might Need a Helping Hand
Sometimes rental car disputes are just the tip of the iceberg. Here are some signs that you might need some legal assistance:
- The insurance company is denying obvious responsibility for the accident.
- They’re refusing to provide any rental coverage while they “investigate.”
- Your rental coverage has been cut off, but repairs are legitimately delayed.
- You’re getting different answers every time you call.
- The adjuster is pressuring you to accept a settlement quickly.
The attorneys at McCormick & Murphy P.C. have been helping Pueblo residents with car accident claims since 1995. With over 60 years of combined experience, they’ve seen every trick insurance companies try to pull with rental car claims. Their office is right downtown at 301 N Main St, and they handle most personal injury cases on a contingent fee basis – meaning you don’t pay attorney fees unless they recover money for you.
Maximizing Your Rental Car Coverage
Here are some insider tips to make sure you’re getting everything you’re entitled to:
Choose Your Rental Company Wisely
Not all rental companies are created equal when it comes to working with insurance claims. Some are much better at billing insurance directly and handling all the paperwork.
Upgrade When Justified
If the standard rental doesn’t meet your documented needs, don’t hesitate to upgrade and fight for reimbursement later. It’s easier to justify the upgrade if you can show why it was truly necessary.
Track Your Actual Losses
Keep a log of how the accident and rental car situation has impacted your life. Missed work, additional childcare costs, extra travel time – it all adds up.
Don’t Rush the Repair Process
While you don’t want to drag things out unnecessarily, don’t let insurance companies pressure you to accept substandard repairs just to get your rental coverage to end.
What About Future Protection?
Once you’ve been through a rental car claim, you’ll probably want to make sure you’re better prepared for next time (hopefully there isn’t a next time, but you know what I mean).
Review Your Coverage
Most people have way too little rental car coverage. The standard $30/day might have been reasonable 10 years ago, but rental car prices have gone up significantly. Seriously consider bumping it up to $50-75/day.
Consider Gap Coverage
If you’re financing or leasing your vehicle, gap coverage can be super important. It covers the difference between what your car is worth and what you owe on it, which can affect how long you’re entitled to rental coverage.
Umbrella Policies
If you have significant assets to protect, an umbrella policy can provide extra liability coverage, which means you’re less likely to have coverage disputes if you’re ever the one at fault.
The Bottom Line
Getting fair treatment on rental car claims shouldn’t be this complicated, but unfortunately, it often is. The key is knowing your rights and not accepting less than what you’re entitled to just because it feels easier.
Remember, you didn’t ask to be in an accident. You shouldn’t have to pay out of pocket for transportation while your car is being repaired because of someone else’s mistake. And you definitely shouldn’t have to accept a rental car that doesn’t meet your actual transportation needs.
If you’re dealing with a rental car claim dispute in Pueblo, don’t let the insurance company wear you down. You’ve got rights, and there are people who can help you enforce them. The team at McCormick & Murphy has been fighting these battles for nearly three decades, and they know how to get results.
The most important thing is to act quickly. Insurance companies count on people getting frustrated and giving up, or accepting whatever they offer just to make the hassle go away. Don’t let them win that game.
Your transportation needs matter, and getting fair compensation for rental car expenses is just one part of making sure you’re fully compensated for how the accident has impacted your life. Whether it’s dealing with post-concussion syndrome or PTSD after a collision, the effects of a car accident go far beyond just vehicle damage.
If you’re struggling with a rental car claim or any other aspect of your accident case, give McCormick & Murphy a call at (888)-668-1182. They offer free consultations, and since they work on a contingent fee basis, you won’t owe attorney fees unless they recover money for you. Sometimes just having an experienced attorney make a phone call on your behalf is enough to get the insurance company to start treating your claim fairly.
Don’t let them push you around – you’ve got enough to worry about without fighting for basic fairness in your rental car coverage.
