The Car Accident was not my fault – why should I pay for my repair and rental expenses?

Hartford Connecticut Auto Accident Attorney Frank McCoy says...
This is a common question we hear from our clients. 
The short answer is time.

The victim may justifiably feel that the responsible party or his insurance should pay for the damage and pay for a rental car. 
When we have an accident that is CLEARLY the fault of the other driver, we would typically bring the property damage claim against the at fault parties insurance company. This can usually be done in a timely fashion and it will not involve your insurance company.

However, when there the fault of the accident is in question, you may have to get your repairs done by your own insurance company.

If you have another vehicle to drive, or not in a rush to get your car replaced, you can make the claim against the at fault driver and get the repairs paid for by the at fault driver, if you ultimately prove that the accident was not your fault. This process which may involve an investigation, questioning witnesses, etc., can take several weeks or longer. So in the case that fault is an issue, and you need a vehicle now,  you may have to process the loss through your own vehicles insurance.

If you have to get repairs paid for by your insurance company, your insurance company will seek reimbursement from the at fault driver including any deductibles paid. This process, however, takes more time, but if you are ultimately found not at fault, your insurance company will be reimbursed.