Legal Question in Personal Injury in Oregon

Insurance company rental car obligation

I was in an accident with another person, who was clearly at fault. He admits it and the police officer that was a witness to the incident agrees. Blame is not in question. In this accident, my vehicle was totalled. This accident happened over the weekend when I was 300 miles north of my home in another city.

My question is this:

For how long is the insurance company obligated to provide me with a rental car? Until an offer for my vehicle is made, or until it is settled. I would also like to know if there is a grace period after I receive my settlement that I will have the rental car so that I may look for a replacement vehicle.


Asked on 11/19/97, 11:00 pm

1 Answer from Attorneys

Richard Sly Richard Sly Attorney-at-law

rental car time period

If you are collecting first from your own insurance policy the contract will tell you what rental loss they will pay. If it's the other guy's dime, then the time limit is a "reasonable " period of time. You can't usually wait for settlement, since that is commonly disputed, and assume a rental cost will be paid to that date. A court will require you to mitigate ypur damages.

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Answered on 12/01/97, 5:37 pm


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