Were you involved in a motor vehicle collision in South Carolina? If the crash was so bad that it will keep your car off the road (temporarily or permanently), you may need to get a rental car for transportation. This raises an important question: Who is responsible for a rental car in an accident? In South Carolina, the answer is that the at-fault party can be held responsible for all economic damages, including rental car costs. Within this article, our Anderson car accident lawyer explains the most important things to know about how a rental car is paid for after a serious crash in South Carolina.
Rental Car After Accident: Know the Law in South Carolina
As any person who has rented one knows well, a rental car can be expensive. The costs can add up quickly. In South Carolina, the cost of a rental vehicle is classified as a form of economic damage. It is a property loss because it represents the loss of use of your vehicle. Our state follows a fault-based system for motor vehicle accidents. What does that mean for you and your claim? The short answer is that the at-fault driver is legally responsible for all economic damages caused by the collision, including the reasonable cost of a rental vehicle.
The claimant must show that the accident made their vehicle unavailable and that the rental period was reasonable based on repair time or total-loss evaluation. Unfortunately, insurance companies too often attempt to shorten the rental window, so strong documentation is important. If liability is clear, the at-fault driver’s insurer must cover the cost. If liability is disputed, your own policy may provide temporary rental coverage until fault is resolved.
Liability is Key: Under South Carolina’s modified comparative negligence system (S.C. Code § 15-38-15), each party to an accident is liable for their share of the fault. For example, if you are eventually found to be 20 percent at fault for your own accident, you will bear 20 percent liability for your own damages, which includes 20 percent of the cost for a rental vehicle.
How the Process Typically Works in Practice
Are you seeking a rental car after a crash in Anderson or elsewhere throughout the wider region in Upstate South Carolina? You may have questions about what you actually need to do to get the vehicle. How the process actually works in practice will depend on the specific circumstances of the case. Most often, one of the following three things will happen:
- You Can Get a Rental Car Company Through Your Own Insurer: Many South Carolina drivers carry optional rental reimbursement coverage. If you have this coverage, your insurer can authorize a rental car immediately after the crash. The insurer pays the rental company directly, subject to daily and total limits in your policy. Using your own coverage avoids delays when the at-fault driver’s insurer has not accepted liability. Unfortunately, that can be an issue in some cases. Once the fault is confirmed, your insurer can pursue reimbursement from the at-fault carrier through subrogation. In other words, you can let the insurance companies battle it out. The option provides the fastest access to transportation and keeps you from waiting while insurers investigate the collision. Though in some cases, your own coverage may have a deductible to get a rental car. You may have to pay that deductible and seek reimbursement from the at-fault party through your claim.
- You Can Work With Another Driver’s Insurer to Get a Rental Car: If liability is clear, the at-fault driver’s insurer may authorize a rental car directly. The insurer typically arranges the reservation with a rental company and covers the reasonable cost during the repair period or until a total-loss determination. To be clear, this is not uncommon. When liability is obvious/admitted, another driver’s insurer may help you arrange for the rental car. Claims adjusters often ask for repair estimates or shop schedules before approving the rental. Delays arise when liability is disputed or when the insurer needs additional documentation. Victims should stay in contact with both the repair shop and the adjuster to keep the approval moving. The option avoids using your own coverage when the other driver is clearly responsible.
- You Can Get a Rental Car On Your Own and Seek Reimbursement: If neither insurer authorizes a rental quickly, you can rent a vehicle independently and pursue reimbursement. South Carolina law allows recovery for the loss of use of your vehicle when the other driver is at fault. You must keep detailed records, including receipts, rental agreements, and documentation showing your vehicle was unavailable. The reimbursement must reflect a reasonable rental rate and a reasonable rental period. Insurers often dispute high costs or unnecessary rental days, so clear documentation is critical. Once liability is established, the at-fault carrier must repay the justified rental expenses.
How Our Anderson, SC Car Accident Attorneys Can Help
Were you in a car accident that resulted in your vehicle needing significant repairs or perhaps even an outright replacement? If so, you will likely need a rental car as a form of temporary transportation. At McCravy, Newlon & Clardy Law Firm P.A., we have the experience that injured victims can trust. With a proven record of case results and client testimonials, our attorneys know this region well. Greenwood sits at the junction of several key regional corridors, including U.S. 25, U.S. 221, and U.S. 178. These thoroughfares link the city to Greenville, Augusta, and Columbia. No matter where your crash happened, our Anderson car accident lawyers are prepared to help you with every aspect of your claim, including dealing with rental car coverage.
Contact Our Anderson, SC Auto Accident Lawyer Today
At McCravy, Newlon & Clardy Law Firm P.A., our Anderson auto accident attorneys are aggressive, experienced advocates for justice. If you have any questions about coverage or a rental car after a crash, we can help. Contact us today for a free, no-commitment initial consultation. With a conveniently located office in the 29625 zip code of Anderson, we handle car crash claims throughout the region, including in 29621, 29622, 29623, and 29624.