Legal Question in Personal Injury in Maryland
driver at-fault responsible for our rental fees?
My wife and kids were in an accident about 4 weeks ago. They were uninjured. The police determined that the other driver ''failed to maintain control of his vehicle'' and was solely at fault in their report. The driver initially apologized and said it was his fault, but since has recanted and now denies responsibility. His insurance company is paying for repair of our vehicle (about $9000). Are they also responsible for providing a rental vehicle while the repairs are completed? We had to rent a large vehicle to accomodate our children for 10 days at a cost of almost $500. We did not have ''rental vehicle'' coverage on our policy at the time.
2 Answers from Attorneys
Re: driver at-fault responsible for our rental fees?
If their insurance company accepts liability and pays for the property damage, they are required to provide rental car for you to use for a reasonable amount of time while your car is being repaired. If you already paid out of pocket, I would send the receipt to the property damage adjuster.
Re: driver at-fault responsible for our rental fees?
Yes. Liability in this case falls under the law of torts. No, that is not a little pie. Torts are civil wrongs (other than breach of contract) that are compensable, such as negligence or assault. The law provides that someone who commits a tort is legally responsible for all of the damage the act causes. Including the need to rent a vehicle during the time your vehicle was in for repair. The only limitation is that everyone has a duty to mitigate damages, that is take reasonable steps to minimize damage. Therefore, renting a Hummer would not likely be compensable, unless perhaps you had a Hummer in the first place.
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