When your motorcycle is damaged in an accident, you are entitled under California law to a replacement vehicle. Most of our motorcycle clients do not have rental car coverage; therefore they are entitled to seek reimbursement from the driver at fault, after establishing liability for their rental car expenses.
Once your motorcycle has been moved or towed to a repair location, you are entitled to a rental car up until the time of repairs if you have rental car coverage or, under California law even if you do not have rental car coverage and we have confirmed liability and coverage for the driver at fault.
As you are a motorcyclist and riding a motorcycle, you are entitled to a “similar vehicle”. As you are probably injured and not able to ride, you may use a car for transportation necessary for work or making appointments to and from your doctor?s appointments.
We always recommend the use of Enterprise Rental Car at (800) 736-8222), who has locations in almost every California town. They will pick you up and take you to their location to sign the rental contracts and they charge reasonable fees for quality cars.
As you were on a motorcycle, we do not recommend that you get an SUV, Escalade or Cadillac but that you get the smallest, cheapest car for transportation. Typically, you can be reimbursed between $16.00 to $20.00 per day for a rental car.
PLEASE NOTE: You are entitled to a rental car only from the date of the accident up until the completion of repairs or, if your motorcycle was determined to be a total loss, up until a property damage settlement offer is made. Then Return the car or you will pay for the extra days!
This can provide some issues and actual disputes as one day you are told that your motorcycle is a total loss and it cuts off your rental car reimbursement. As such, if you believe that your motorcycle is a total loss, you should begin to look for a replacement vehicle immediately. Then, when your vehicle is determined a total loss and you obtain the total loss documents, you will have the check promptly and already have a vehicle selected to replace your old motorcycle.
As California motorcycle attorneys, we also cover the issues regarding insurance coverage when you seek to get a rental vehicle. Many rental companies will not rent to minors under 25 and 10 many require proof of valid automobile liability insurance. In addition, many rental car locations require or demand payment by way of credit card, to ensure payment.
Please note: the insurance company for the driver at fault is not obligated to pay for your rental car if you do not meet the rental contract requirements. In addition, the insurance company for the driver at fault is not required to make advance payments or have them billed directly by the rental company.
As such, we recommend to our motorcyclists if there is an issue, have someone else rent a vehicle for them and add you as an additional driver under the contract. Failing that, you may have no choice but to accept the rental reimbursement and rely on the good graces of friends or public transportation.
Some body shops provide rental cars on their premises; however, with our motorcycle cases, we found that none do. When you drop your motorcycle off, we recommend that you make arrangements to get a replacement vehicle. Many of our clients have a second vehicle that is just a car instead of a motorcycle that they can use. You are still entitled to the reimbursement of approximately $16.00 to $20.00 per day for use of that additional car. However, you need a competent motorcycle attorney to assist you in seeking rental reimbursement.
California Motorcycle Lawyer