Ask a Lawyer - Archive

Does either the at-fault driver's insurance or my car insurance have to give me a rental car if my car is totaled?

Hello, and thank you for your question. The short answer is "no." If your car is totaled, the insurance agency need only pay you based on the following calculation: FMV (fair market value) added to TT&L in addition to "Loss Of Use".

If you owe more than what the car is worth, then either you or your GAP insurance policy would have to pay the difference, which makes it a good idea to carry GAP insurance when you have an auto note. Unfortunately, a rental car need not be provided in such circumstances.

Justin B. Demerath
O'Hanlon, McCollom & Demerath
Attorneys and Counselors at Law
San Antonio Personal Injury Attorneys