How Long Can I Keep a Rental Car After an Accident in Texas?
After a car accident, one of the most stressful and inconvenient parts of the process is losing access to your vehicle while it’s being repaired. Many people immediately wonder: Who is responsible for paying for my rental car? The answer depends on several factors, including who was at fault, the type of insurance coverage available, and how the claim is handled.
Texas Is an At-Fault State
In Texas, the at-fault driver—the person who caused the accident—is ultimately responsible for paying for your damages, including the cost of a rental vehicle. However, insurance companies don’t pay out automatically or immediately.
Before they cover your rental, the at-fault driver’s insurance company will typically:
Investigate the crash
Determine liability
Approve payment for rental expenses
This process can take days or even weeks, leaving many people temporarily without transportation.
Using Your Own Insurance Coverage
If you have rental reimbursement coverage under your own auto policy, you can get a rental vehicle right away. This optional coverage is designed to pay for a rental while your car is being repaired or until a total loss claim is settled.
Even if your insurance company fronts the cost, they’ll usually subrogate—meaning they seek reimbursement from the at-fault driver’s insurer once fault is confirmed. This allows you to stay mobile without waiting for the other insurer to act.
If you’re unsure whether your policy includes rental coverage, check your declarations page or contact your insurance agent for clarification.
If You Don’t Have Rental Coverage
If your policy does not include rental reimbursement, you may need to pay for a rental out of pocket temporarily while waiting for the other driver’s insurer to accept liability. Once liability is confirmed, you can request reimbursement for your rental costs.
Tips to maximize reimbursement:
Keep all rental receipts, agreements, and payment confirmations
Rent a vehicle comparable in size and value to your damaged car
Avoid unnecessary upgrades, such as luxury or specialty vehicles, since insurers often won’t reimburse these
When Your Car Is Totaled
If your vehicle is declared a total loss, you are generally entitled to a rental car until:
The insurance company extends a settlement offer for your totaled vehicle, or
A reasonable amount of time passes after the vehicle is deemed a total loss
Once you accept the settlement, the insurer can terminate rental coverage, so it’s important to secure a replacement vehicle quickly.
Who Pays for a Rental Car in a Hit-and-Run?
Even in hit-and-run accidents, you may be entitled to rental reimbursement. Coverage depends on your own insurance policy, such as uninsured motorist property damage or rental reimbursement add-ons. Check your policy carefully and document all costs.
Why Having an Attorney Helps
Insurance companies are known for delaying, undervaluing, or denying parts of valid claims, including rental expenses. A knowledgeable personal injury attorney can ensure you are treated fairly, that liability is established quickly, and that you are compensated for all costs related to the accident—both injuries and property damage.
An attorney can:
Communicate directly with insurance adjusters on your behalf
Push for faster approval of rental car coverage
Pursue reimbursement for out-of-pocket expenses
File suit if the insurer refuses to pay fairly
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