Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

After a traffic accident, you may need a rental vehicle if your car is in the shop. If the at-fault driver’s insurer pays out all its policy limits before covering your rental or loss-of-use expenses, Pennsylvania law still offers paths to recover those costs.

1. Pursue a Direct Tort Claim for Loss of Use

Pennsylvania courts recognize that you can recover a vehicle owner’s actual loss of use as part of property damage. To succeed, you must prove:

• Necessity: You needed a rental to replace your disabled vehicle.
• Reasonable Cost: The daily rental rate and duration are fair and necessary.
• Documentation: Rental agreements, invoices, and proof of payment.

Your attorney can file a lawsuit against the at-fault driver personally if their insurer’s limits have been exhausted.

2. Claim Under Your Own Policy’s Rental Reimbursement

If you purchased optional rental reimbursement coverage, your insurer must pay rental expenses up to your policy limit until your vehicle is repaired or declared a total loss. This coverage typically appears in your auto policy declarations and applies regardless of fault.

3. Use Uninsured/Underinsured Motorist (UM/UIM) Coverage

If the at-fault driver’s insurer lacks sufficient limits, your UM/UIM policy can cover the gap. Pennsylvania’s UM/UIM statutes require insurers to offer these coverages. You must:

• Provide timely notice of the claim.
• Submit proof of your rental expenses.
• Comply with any examination or appraisal clauses.

4. Statutory References

• 75 Pa.C.S. 138 (Optional Coverages: Rental Reimbursement): legis.state.pa.us/#1738
• 75 Pa.C.S. 116 (Uninsured/Underinsured Motorist Coverage): legis.state.pa.us/#1716

Helpful Hints

• Keep all rental receipts and contracts in a dedicated file.
• Ask the rental company for a letter verifying daily rates and necessity.
• Notify your insurance company about rental and UM/UIM claims immediately.
• Get written estimates showing repair timeframes to justify rental durations.
• Consider consulting an attorney if insurance limits fall short of your expenses.