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What am I entitled to under the other party's liability if he was at fault and my car is totaled?

by Khalia
(Oxon Hill, MD)

I was involved in an accident where the other party was at fault. He was driving a rental (hertz)and he has liability under Geico. I also have liability under Geico and for that reason my insurance doesnt cover my repair costs, his does. My car is completely totaled. I understand that his insurance will have to cover the actual cash value of my car.

My question is: am i entitled to a rental car? Also, I do have injuries so how do I go about seeing a doctor without paying for the costs upfront and waiting to be re-imbursed?

Just in case: this happened in DC, I live in Maryland, his car had Virginia plates.


Hello Khalia,

You want to talk to a DC attorney. Generally, you are entitled to a rental car for a short period of time (between the day that it as hit until a few days after the car was declared a total loss). Some states allow for three days after you are told the car is a total (notice is enough), some requires that the insurance company make a first payment and they allow a few days after that date.

At any rate, you do want o check with a local attorney regarding this situation.

For the injury, usually the your own policy (PIP coverage) will pay for your medical bills. When you settle, your policy will be reimbursed by the at-fault insurance company. Please see more about injury claims here:

Also try the form below

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Good Luck

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