Left without a car because the at-fault insurer will only reimburse later
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed November 27, 2022
Legal Inquiry
Consumer Legal Issue
The other driver was at fault according to the police report. My wife and I have been without a vehicle for over a week because the at-fault insurer will not pay for a hire car up front and says we must pay and be reimbursed. I have lost my job because of the accident.
Attorney Answer
Loss of use is a recoverable part of the claim, and an insurer's preference for reimbursing later does not change what you are owed.
Being without a vehicle is itself a loss. In Georgia the reasonable cost of a replacement while repairs are carried out, or for a reasonable period after a total loss, is recoverable as part of the property damage claim — and it is a separate item from the repair itself.
An insurer is entitled to prefer reimbursement, but it is not entitled to reduce what it owes by making the timing difficult. Whether you can front the cost does not determine what the loss is. If you cannot, say so in writing and ask them to arrange the hire directly; many will when asked plainly.
There is another route worth checking. If your own policy carries rental reimbursement or collision cover, your own insurer may put you in a vehicle now and pursue the at-fault insurer afterwards. That is often faster than arguing, and the excess is usually recovered later.
Keep the claim for lost income separate and documented. It is a different head of loss from the vehicle, and it will not be paid on assertion.
What you can do
1. Ask the at-fault insurer in writing to arrange the hire directly, stating that you cannot front the cost. 2. Check your own policy for rental reimbursement or collision cover and open a claim there in parallel. 3. Keep every receipt and record each day you are without the vehicle. 4. Document the lost income properly — an employer's letter or payslips, not an estimate. 5. Speak to a Georgia attorney if the insurer continues to refuse; loss of use is not a favor.
⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
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Frequently Asked Questions
Is loss of use recoverable in Georgia after a collision?
Yes. The reasonable cost of a replacement vehicle while repairs are carried out, or for a reasonable period after a total loss, is a recoverable part of the property damage claim, separate from the repair.
Can an at-fault insurer insist on reimbursing rather than paying up front?
An insurer may prefer reimbursement, but that preference does not change what is owed. Asking in writing for the hire to be arranged directly, and explaining that fronting the cost is not possible, is the practical step.
Can a claimant use their own insurance instead?
Where a policy includes rental reimbursement or collision cover, the claimant's own insurer can often act immediately and pursue the at-fault insurer afterwards, which is usually faster.