If you were in a rental car accident in Charleston or anywhere in South Carolina, you are probably asking one question: who pays for the rental car after a crash?
It’s a confusing situation, especially when you are already dealing with repairs, insurance adjusters, and stress. At Bill Green Law Firm, we help people across South Carolina handle these exact problems every day. This guide will explain, step by step, who is responsible for paying for a rental car after an accident, what “reasonable and necessary” means under South Carolina law, and what mistakes to avoid.
Our goal is simple: to give you the clearest, most useful explanation you will find anywhere.
What South Carolina Law Says About Rental Cars After a Wreck
In South Carolina, the at-fault driver’s insurance company is usually responsible for paying for your rental car. State law allows you to recover the cost of a rental or other transportation as part of your property damage claim. The idea is that you have a right to be compensated for the loss of use of your vehicle.
That means if someone else caused the crash, their insurance should reimburse you for the time you are without your car. However, what counts as “reasonable and necessary” rental time and cost can get tricky, and that’s where many people run into problems.
When the Other Driver Is at Fault
If another driver caused the wreck, their insurance should cover:
- The rental car cost (up to a reasonable daily rate)
- The time it takes to repair or replace your vehicle
- Sometimes, the taxes and fees associated with the rental
But remember, insurance companies often challenge what’s “reasonable.” For example, if you normally drive a compact car, they may not pay for a luxury SUV rental. Or if your car is in the shop longer than expected, they might argue the delay was not related to the accident.
When You Were in a Rental Car During the Crash
Things are slightly different if you were already driving a rental car when the accident happened.
Here’s how it usually works:
- If someone else hit you, their insurance should pay for the damage to the rental car and any rental expenses while that car is being repaired or replaced.
- You may also need to report the crash to the rental company right away. Most contracts require it.
- The rental company will charge your credit card for damages first, then the insurance companies will sort out reimbursement later.
You should never ignore the rental company’s contract terms or assume they’ll handle it quietly. Failing to report the crash properly can lead to unnecessary fees or even personal charges.
When You Are at Fault or the Other Driver Has No Insurance
If you caused the accident or the other driver is uninsured, you may need to rely on your own insurance. Look for these coverages in your policy:
- Collision coverage (to repair or replace the car you were driving)
- Rental reimbursement coverage (to pay for a temporary rental)
- Uninsured motorist property damage (if the other driver has no coverage)
Many South Carolina drivers don’t realize that even basic insurance plans can include a small daily rental allowance. Check your declarations page or ask your insurance agent to confirm.
What “Reasonable and Necessary” Really Means in South Carolina
Under South Carolina law, you can only recover rental costs that are “reasonable and necessary.” That phrase has real meaning.
Here’s how insurers and courts typically view it:
- Comparable vehicle: Rent something similar to your damaged car.
- Reasonable rate: Use the local market rate in Charleston or your area.
- Necessary period: Keep the rental only for the time the repairs take or until your total loss claim is settled.
- Proof required: Keep receipts and rental agreements. You have to show what you actually paid.
At Bill Green Law Firm, we’ve seen insurers deny claims simply because someone waited a few weeks to rent a car or rented a vehicle far more expensive than their own. Documentation and timing matter.
What If Your Car Is a Total Loss?
When your car is declared a total loss, you are still entitled to a rental for a reasonable time, usually until you receive the settlement check and have the chance to buy another car. Once that happens, the insurer can stop paying for the rental.
If your settlement is delayed through no fault of your own, your attorney can argue that the extra rental days should still be covered.
Common Mistakes We See in Rental Car Accident Cases
At Bill Green Law Firm, we’ve helped many clients in Charleston and across South Carolina deal with rental car issues after accidents. Here are the most common mistakes we see:
- Renting a more expensive vehicle than necessary
Stick to something similar to what you usually drive. - Failing to notify the rental company quickly
Delays can lead to penalties and coverage issues. - Not keeping receipts and paperwork
You need proof for every expense related to your rental. - Assuming your own insurance won’t help
Even if another driver was at fault, your policy may pay first and get reimbursed later. - Accepting a quick settlement without including rental costs
Once you sign a release, you can’t go back to claim unpaid rental expenses.
What You Should Do Right After a Rental Car Accident
Here’s a simple checklist for drivers in South Carolina:
- Report the accident to the police and your insurance company immediately.
- Notify the rental company if you were driving a rental car.
- Gather information from everyone involved, names, contact info, license plates, insurance details.
- Take photos of the vehicles, the scene, and any visible damage.
- Get a rental car as soon as you confirm your vehicle can’t be driven.
- Keep every receipt related to your rental and repairs.
- Do not sign any insurance release until you understand what it covers.
- Contact Bill Green Law Firm if the insurance company delays, denies, or shortchanges your rental claim.
Why Choose Bill Green Law Firm
At Bill Green Law Firm, we are based right here in Charleston, and we understand how frustrating the aftermath of a car accident can be. We’ve helped thousands of South Carolina drivers recover full compensation for their property damage, including rental car costs.
We take pride in explaining the law in plain English, returning calls promptly, and treating every client like a neighbor. You will never pay us anything upfront, and your consultation is always free.
If you’re unsure who should pay for your rental car after an accident, call us today at 843-747-2455 or contact us online. We’ll review your situation, deal with the insurance companies, and make sure your rights are protected from start to finish.
Disclaimer: The information provided here is for general informational purposes only. It should not be taken as professional advice. Always consult our qualified lawyers for guidance related to your specific situation.