Auto Insurance Claims: Paying out of pocket to fix other persons car, auto body shop, changing lanes

Question
I got in an accident a couple months ago. I was changing lanes, checked my mirrors and looked over my shoulder, but another car came out of nowhere (I think he was speeding, or he had changed lanes suddenly) and I hit his car. We called the police but said they don't come out unless there is need for an ambulance. I assumed I was at fault, though didn't state that, since I was the one changing lanes. We exchanged insurance information and left. The other driver called me with an estimate of the damages, I called my insurance company and found that it would raise my rate by more over the next few years than it would for me to just pay for the damages myself. So I agreed to pay the $1839 to fix his car.

I spoke to the other person the other day and told him I was about to put a check to the auto body shop in the mail, only to have him claim I have to get him a rental car too! He said the person at the body shop told him that if we were going through my insurance company, they would pay for a rental car as well. So now this person is claiming I not only have to pay to fix his car, but have to get him a rental car for as long as it takes to fix his car. And here my car is still messed up, with no chance of getting repaired since all my money is going to this guy to fix his car.

Is this fair? I was willing to pay out of pocket and just be done with all of this, but now he claims I have to get him a rental car and I'm absolutely furious. I don't think I have to. What can I do about this?

Answer
Hi Liz,

Unfortunately, if you are the at-fault party, you are responsible for ALL costs and expenses that arise as a result of the collision. That does include the cost of replacement transportation during the repairs. Based on the cost of repairs being $1839.00 it should be no more than 5 days to repair the car. If the car is drivable, he should take the car to the body shop on a Monday and pick it up on a Friday. That way you are not paying for a rental car over a weekend that they are not working on the vehicle. You should agree to pay for a rental (basic transportation) $30.00 per day. This may need to be negotiated a little for your area. In addition, you should not send any money until the other person has signed a FULL RELEASE form. If you want you can request a face to face meeting and have him sign the release form in exchange for your check or cash. That way he can not come back later for more money if additional damages are found during the course of repair.

I hope this helps
Richard Hixenbaugh