After an accident, does the at-fault driver's insurance company have an obligation to rent me the same type of car that I own?

My Camaro got rear-ended and needs repairs. The other driver is at fault and their insurer is providing me with a rental. I want to rent another Camaro, but the insurer won't grant my request. Doesn't the insurer have an obligation to rent me a Camaro since their policyholder is at fault?

Answer provided by
Alexah Grinnell
Answered on Apr 20, 2021


Sorry to hear about your recent accident. The type of rental car the insurance company will provide for you can depend on the guidelines that are filed by an insurance company with the state. The rental car provided in the event of a loss will usually be in the same class or the same size as the insured vehicle.


For example, in the state of New York, a compact car will generally be provided as the rental vehicle. However, if a driver is too tall for a compact car or there are other reasonable exceptions, the insurance company can upgrade the rental. In New Jersey, a driver will be given a rental car of comparable size, but it may not be in the same high-end class as their insured vehicle.


If you’re unhappy with the rental car you are given, it’s best to have a conversation with your adjuster and express any concerns. There may be exceptions or a discounted rate with an upgrade they can help you with.
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