If I have rental reimbursement on my auto policy, am I eligible for a rental car after a auto colision accient, if I do not have collision coverage on my auto policy?

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If I have rental reimbursement on my auto policy, am I eligible for a rental car after a auto colision accient, if I do not have collision coverage on my auto policy?

I had an accident May 31, 2018 without collision coverage. However, I have rental

reimbursement coverage and I am being told that I am not eligible for a rental because I do not have collision coverage. Is this accurate?

Asked on June 6, 2018 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on the exact terms of your policy, such as the rental reimbursement section of the policy. An insurance policy is a contract: contracts are enforced according to their plain terms, soyou are entitled to whatever benefits, in whatever circucumstances, the policy itself states you get--and no other or additional benefits. If by the terms of your policy, you must have collision coverage for the rental reimbursement, then they do not need to provide you the reimbursement; but if under the terms of the policy, you can get rental reimbursement now, they must provde it, and if they don't, you could sue them for "breach of contract" for violating their contractual or policy obligations.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on the exact terms of your policy, such as the rental reimbursement section of the policy. An insurance policy is a contract: contracts are enforced according to their plain terms, soyou are entitled to whatever benefits, in whatever circucumstances, the policy itself states you get--and no other or additional benefits. If by the terms of your policy, you must have collision coverage for the rental reimbursement, then they do not need to provide you the reimbursement; but if under the terms of the policy, you can get rental reimbursement now, they must provde it, and if they don't, you could sue them for "breach of contract" for violating their contractual or policy obligations.


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