Insurance Claims · State Rules

Does the At-Fault Driver’s Insurance Have to Pay for a Rental Car?

Sometimes — but the legal entitlement, and how long it lasts, vary by state and by whether liability has actually been accepted.

Last updated · Fact-checked · 4 min read

A rental from your OWN insurer is a different question from a rental against the other driver’s (third-party) insurer — and only some states turn the second one into an enforceable rule.

Where no rule is confirmed, insurers commonly pay anyway as a matter of practice. That is not the same as a legal guarantee.

Two different questions, two different coverages

A rental through your OWN policy depends on whether you bought optional rental reimbursement coverage — it is not automatic. A rental charged to the AT-FAULT driver’s insurer is a third-party loss-of-use claim, and whether that is an enforceable rule (rather than common practice) depends on the state.

States with a confirmed third-party rule

  • Connecticut — if the other driver is clearly at fault, their insurer must pay reasonable loss-of-use compensation for your damaged car — even if you never actually rent a replacement vehicle (Conn. Agencies Regs. §38a-334-1 et seq.).
  • New Jersey — comparable rental or substitute transportation must be paid until your car is repaired (partial loss) or the claim is settled (total loss) (N.J.A.C. 11:2-17.10(a)(8)).
  • Illinois — the at-fault driver’s insurer reimburses your rental in proportion to their share of fault, generally for the normal repair period or until it offers to settle your vehicle damage — and it is not automatic before liability is accepted (Illinois DOI).
  • Georgia — once the at-fault driver’s insurer accepts liability, it must pay your reasonable losses, including loss of use, towing and storage — subject to mitigation and your actual loss (O.C.G.A. §33-7-11.1).
  • South Carolina — the at-fault insurer must reimburse reasonable and necessary loss of use; on a total loss, many insurers pay through a settlement offer as a matter of common practice, not a universal guarantee (SC DOI).
  • Washington — if you have rental coverage under your OWN policy, your insurer cannot cut it off less than 7 calendar days after sending a total-loss payment, or before that coverage is exhausted. This is a first-party coverage-cutoff rule, not a third-party entitlement (WAC 284-30-391).

Guidance, not a codified rule

Oregon’s regulator advises that the at-fault driver’s insurer should pay for loss of use while your claim is reasonably being investigated — but this is regulator guidance, not a numbered legal mandate (Oregon DFR).

Where no mandate was found

North Carolina — no statute or administrative-code provision was found requiring a rental car during a claim. It is common industry practice, but not a legal mandate the way towing and storage protections are (N.C. Gen. Stat. §58-63-15).

Massachusetts, Arizona and Nevada confirm the same basic shape: a rental through your own insurer depends on optional coverage you bought, and ordinary coverage may not reach every cost a rental company can charge. None of these three confirms a numbered third-party rental deadline.

See everything we have verified for Washington and Connecticut and New Jersey and North Carolina and Oregon and South Carolina and Arizona and Georgia and Illinois and Massachusetts and Nevada.

The legal entitlement — not just common practice — depends on the state. Jump straight to the relevant section.

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