Who Pays for the Rental Car After an Accident in Colorado?

After a car accident in Colorado, you’re not just dealing with a damaged vehicle. You might be hurt, missing work, and trying to keep up with medical appointments while your car sits in the shop or has been declared a total loss.

And on top of all that, you’re left wondering, “who pays for the rental car after an accident?” Even if the other driver caused the crash, getting a rental covered isn’t always that easy. It often depends on the insurance companies involved, the investigation process, and the type of coverage in place.

In this blog, a Colorado Springs personal injury attorney from Heuser & Heuser, L.L.P. explains how rental car coverage typically works after a crash in Colorado, what to expect from insurance companies, when you might need to pay out of pocket, and how those rental costs could be included in a personal injury claim if you were hurt.

Does the At-Fault Driver Pay for Your Rental?

Colorado follows an at-fault system, meaning the driver who caused the crash is financially responsible for the damages, including the cost of a rental vehicle. Under Colorado’s comparative negligence law, you can still recover compensation if you’re less than 50% at fault, but your total recovery will be reduced by your share of the blame.

However, don’t expect the insurance company to approve your rental right away. They’ll usually want:

• A copy of the police report
• Witness statements
• Time to investigate who was responsible
• Proof of your property damage

If the at-fault driver’s insurance company accepts liability and offers coverage, they may:

• Pay the rental company directly
• Offer reimbursement after you pay out of pocket
• Try to limit the type of rental (often only covering a comparable vehicle, not upgrades)
• If the other driver’s insurance won’t cover your rental, or they’re still “investigating,” you might turn to your own policy instead.

Can You Use Your Own Insurance for the Rental?

Yes, but only if your auto insurance policy includes rental reimbursement coverage. This is an optional add-on that covers the cost of a rental vehicle while your car is being repaired or replaced.

Most policies that offer this coverage include:

• A daily limit (such as $30 or $40 per day)
• A maximum number of days (typically 30)
• Limits on vehicle type

Some insurers set up the rental directly. Others require you to pay first and submit receipts for reimbursement. If you’re unsure whether your policy includes this, call your insurer and ask about the terms before renting a car.

What If You Didn’t Get a Rental Right Away?

You might have coverage for a rental car, but still end up waiting. Insurance companies often delay approval while they investigate the crash. If the other driver’s insurer is still deciding who’s at fault, you may go days without transportation.

Even if you didn’t rent a car, you may still be able to recover loss-of-use damages. This is a way to get compensated for the time you were without your vehicle. To support your claim, keep repair records, storage or tow bills, or a letter from the insurer saying your car was totaled. These help show that your car wasn’t available to drive.

For example, if a rental would have cost $40 a day and you were without your car for 10 days, you may be able to claim $400. The key is showing how long your car was unavailable and what a comparable rental would have cost in your area.

How Long Will Insurance Cover a Rental?

If you do get a rental through insurance, coverage typically lasts for the “reasonable” length of time needed to repair or replace your vehicle.

If your vehicle is being repaired, that could mean several days or even a few weeks depending on the shop’s schedule and the damage involved. If your vehicle is declared a total loss, most insurers will only reimburse you for the time it reasonably takes to find a replacement, which may be limited to 7–14 days.

Colorado law allows you to seek reimbursement for the loss of use of your vehicle, even if you never rent a replacement. As long as the costs are reasonable and properly documented, they may be included in your claim.

When Insurance Delays or Won’t Pay for a Rental Right Away

Sometimes, neither the at-fault driver’s insurance nor your own policy will cover a rental car right away. This can happen if the other driver’s insurer is still investigating the crash, hasn’t accepted liability, or only offers reimbursement instead of direct payment. It can also happen if the at-fault driver doesn’t have enough property damage coverage or if your own policy doesn’t include rental reimbursement.

In these cases, you may need to pay for a rental car yourself. If you end up covering the rental out of pocket:

• Keep every receipt and document related to your rental.
• Avoid unnecessary upgrades.
• Choose a rental car that’s similar to the one you lost.
• Track how long your vehicle is in the shop or unavailable.

Rental car companies often offer extras like insurance waivers, upgraded models, or pre-paid fuel. Insurance companies typically don’t reimburse those charges, so it’s best to stick with a basic rental. In most cases, you’re only covered for the car itself, not for extras or upgrades.

In Colorado Springs, daily rental rates can vary depending on the vehicle type, rental company, and time of year. It’s a good idea to check current rates and keep your receipts if you plan to request reimbursement.

Can You Recover These Costs in a Property Damage Claim?

If you were hurt in the crash and are filing a property damage claim, the cost of your rental car isn’t just a side issue. It’s one more loss caused by someone else’s negligence that may be recoverable under Colorado law.

Yes, rental costs can be included as part of your property damage.Keep in mind, the insurance company may push back. They might question how long you had the rental, or whether the rental was comparable to your damaged vehicle. Having repair estimates, and rental receipts can support your claim. Although property damage is a separate claim from a personal injury claim, documentation of significant damage is crucial in proving up a case.

Car accident lawyers in Colorado can gather evidence from your vehicle’s property damage and build your case so you can recover compensation for all of your losses, not just medical expenses. It’s also important to make sure you don’t mistakenly release a personal injury claim when trying to deal with property damage on your own.

Injured in a Crash? We Deal with Insurance So You Don’t Have To

After a car accident, it’s not just your vehicle that’s out of commission. You may be dealing with painful injuries, missing work, and getting nowhere with the insurance company. Whether you’re facing mounting medical bills or trying to find a doctor, things can pile up fast.

At Heuser & Heuser, our Colorado Springs car accident attorneys handle the insurance issues so you can focus on your recovery. For nearly 30 years, we’ve helped people throughout Southern Colorado seek compensation for medical expenses, lost wages, pain and suffering and more.

Call (719) 520-9909(719) 520-9909 or fill out our confidential online form to schedule your FREE no obligation consultation. We’ll review your auto accident claim and explain your next steps. It won’t cost you anything unless we recover money for you.

Injured? Give us a call! It’s just that easy.

https://heuserlaw.com/

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Heuser & Heuser, L.L.P.
625 North Cascade Ave, Suite 300
Colorado Springs, CO 80903
(719) 520-9909(719) 520-9909
https://heuserlaw.com/