Who Pays for a Rental Car After an Accident in Georgia? A Practical Guide for Athens Drivers

January 5, 2026 | By Hall & Collins Injury & Accident Lawyers
Who Pays for a Rental Car After an Accident in Georgia? A Practical Guide for Athens Drivers
car accident rental car insurance claim in Athens, GA

Rental cars, insurance delays, and the question everyone asks: “Am I stuck paying for this?”

After a wreck, you may be dealing with injuries, a damaged vehicle, and nonstop calls from insurance adjusters—while also trying to keep life moving with work, school drop-offs, and medical appointments. One of the most stressful (and expensive) surprises is transportation: who pays for a rental car after an accident in Georgia—especially if the other driver was at fault?

Below is a clear, Georgia-specific breakdown for Athens drivers on the most common rental-car payment scenarios, what “loss of use” means, how fault can change what you’re owed, and how to protect yourself from getting stuck with out-of-pocket rental costs.

The short answer: it depends on coverage, fault, and whether the car is repairable or totaled

In Georgia, rental costs after an accident typically fall into one (or more) of these buckets:

Common ways a rental car gets paid:

1) The at-fault driver’s liability insurance (often the goal, but not always immediate).

2) Your own auto policy if you carry rental reimbursement / loss-of-use coverage (sometimes called “rental coverage”).

3) Out of pocket initially—then potentially reimbursed later (this happens more than people expect).

4) A mix (e.g., your insurer pays now, then seeks reimbursement later through subrogation).

Scenario-by-scenario: who pays for the rental in Georgia?

SituationWho usually pays?What to watch for
Other driver is clearly at fault and insuredTheir liability insurer may cover a rental (or “loss of use”)They may delay until the fault is accepted; may cap daily rate or duration
You have rental reimbursement coverage on your policyYour insurer (up to your limits)Coverage is typically limited to actual expenses and policy caps; keep receipts 
Your car is totaledOften paid only up to a certain point in the claims processInsurers may cut off rental when they make an offer to pay the total loss 
Fault is disputed / you may share faultPossibly your insurer initially; reimbursement may be reducedGeorgia’s 50% bar rule can affect recovery if you’re 50%+ at fault 
Other driver uninsured or underinsuredOften you (unless your policy helps)Rental coverage is separate from UM/UIM; review your declarations page

Important reality: even when the other driver is at fault, their insurer may not pay for a rental immediately. Many carriers wait until they confirm liability, review statements, or see the police report. If you need transportation right away, using your own rental reimbursement coverage (if you have it) can keep you moving while the liability dispute plays out.

What Georgia “loss of use” / rental reimbursement usually means in practice

If your policy includes rental reimbursement (sometimes called “loss of use”), Georgia insurance rules allow reimbursement for actual expenses incurred while your vehicle is inoperable for a covered loss—subject to the limits written into your policy. That can include reasonable substitute transportation costs, and if you rent a car, it can include daily charges, mileage, and taxes (again, subject to your policy’s caps). 

Also, if your vehicle is a total loss, insurers may limit rental reimbursement to the period up to when an offer to pay for the total loss is made (with documentation in the claim file). 

Practical tip for Athens drivers

If you’re paying out of pocket while the claim is pending, keep a simple rental log: dates, daily rate, taxes/fees, and the reason the vehicle was unavailable (repair appointment, waiting on parts, total-loss evaluation). That documentation can matter if reimbursement is later disputed.

How fault rules can impact rental reimbursement in Georgia

Georgia uses a modified comparative fault system. If you are found 50% or more responsible for the accident, you may be barred from recovering damages from the other party. If you are less than 50% responsible, your recovery can be reduced by your percentage of fault. 

That matters for rental cars because rental expense is often treated like a property-damage-related loss. If the other driver’s insurer claims you contributed to the crash (speeding, unsafe lane change, following too closely), they may try to reduce what they pay—or refuse to pay until liability is settled.

Example

If an insurer argues you were 20% at fault, they may position any reimbursement (including rental) as subject to reduction. If a dispute escalates, fault allocation can become a negotiation issue—or something decided later by a factfinder. 

Quick “Did You Know?” facts (Georgia rental + claim basics)

Rental reimbursement is usually optional coverage. If it’s not on your declarations page, your insurer may not pay—regardless of fault.

“Actual expenses” and policy caps matter. Even when rental is covered, insurers may apply daily/aggregate limits under the policy. 

Total-loss rentals can end quickly. Many policies/rules allow rental coverage to stop when the insurer makes an offer to pay the total loss. 

If you’re 50%+ at fault, recovery can be barred. That can change the entire rental reimbursement picture when liability is contested. 

Athens, Georgia local angle: why rental issues pop up so often here

In Athens, a single crash can ripple into real-life logistics fast, especially with limited flexibility for commuting, school schedules, and medical appointments. Rental delays are common when:

You’re waiting on a police report or the insurer’s liability decision.

Repair shops are backed up or waiting on parts.

The insurer is still deciding whether your vehicle is repairable or a total loss.

There’s a dispute about fault (even partial fault can slow payment decisions).

If you’re feeling pressured to “just take whatever rental they’ll approve,” it’s a good time to get guidance, especially if injuries are involved, and you’re juggling medical care at the same time as property damage.

Related resources on our site

Athens Car Accident Attorney | What To Expect At Your Free Initial Consultation | Attorneys’ Fees and Costs (Contingency Fee Information)

CTA: Get help coordinating the claim (including rental reimbursement)

If you were hurt in a crash and you’re getting mixed messages about a rental car, fault, or “how long they’ll pay,” you don’t have to sort it out alone. Hall & Collins Injury & Accident Lawyers helps Athens-area clients handle the insurance process so they can focus on recovery.

Request a Free Consultation

No upfront fees for injury cases—our firm works on a contingency-fee basis in appropriate matters (you pay nothing unless there’s a recovery). For details, you can also review our fees and costs information.

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Our Team | Adam M. Collins | Amanda Cooling | Paiton Tabb

FAQ: Rental cars after an accident in Georgia

If the other driver is at fault, do they have to pay for my rental car?

Often, yes—rental expenses or “loss of use” may be part of a property damage claim. The challenge is timing: the other insurer may wait to accept liability before paying, and may argue about rate or duration.

Can I use my own insurance to get a rental right away?

If you purchased rental reimbursement coverage, your insurer may pay (up to your policy limits) while your vehicle is inoperable due to a covered loss. Reimbursement is typically limited to actual expenses and policy caps. 

How long will insurance pay for a rental car in Georgia?

It depends on the policy and claim status. Coverage can be limited to the period the vehicle is inoperable/under repair, and may end when an insurer makes an offer to pay a total loss. 

What if the insurer says I’m partially at fault?

Georgia follows a modified comparative fault rule. If you’re found 50% or more responsible, you may be barred from recovering damages from the other party; if you’re under 50%, recovery may be reduced. 

Do I have to accept the insurance company’s preferred rental company or rate?

Insurers commonly steer claims toward certain vendors/rates, and policies may include daily or total caps. If you choose a higher-cost option, you may be responsible for the difference unless it’s justified and approved.

What should I do before I rent a car?

Confirm (1) whether rental is approved, (2) the daily cap and total cap, (3) whether taxes/fees are included, (4) the last covered day (especially if the car might be totaled), and (5) what documentation they want for reimbursement.

Glossary (plain-English terms you’ll hear in rental and accident claims)

Rental reimbursement (loss-of-use coverage)

Optional coverage on your own auto policy that may pay for substitute transportation costs while your vehicle is inoperable after a covered loss, subject to policy limits. 

Liability acceptance

When an insurer for the other driver formally agrees that their insured is responsible (fully or partially). Rental payment often hinges on this.

Total loss

When a vehicle is not economically reasonable to repair. Rental coverage may end when a total-loss offer is made, depending on the policy/rules. 

Modified comparative fault (Georgia’s “50% bar rule”)

A Georgia rule that can reduce your recovery by your percentage of fault, and can bar recovery entirely if you’re found 50% or more responsible. 

This page is for general informational purposes and isn’t legal advice. Each claim depends on the facts, insurance policy language, and available coverage.