Am I entitled to a rental car after an accident that wasn't my fault?
After an accident you weren't at fault for, you are entitled to a rental car or loss-of-use compensation — as part of your claim for damages against the other driver's insurer.
Your car is in the garage after the accident, or it’s a total loss — and you still need a vehicle to get to work or manage everyday life. Many people don’t know that they’re entitled to compensation for this: after an accident that wasn’t your fault, you are entitled to a rental car, or, if you don’t take one, to loss-of-use compensation.
How I can help you
- Clarifying whether a rental car or loss-of-use compensation makes more sense for you
- Checking to what extent the rental car costs are necessary, and therefore recoverable
- Asserting the claim against the other driver’s insurer
- Avoiding inflated rental car invoices that the insurer could reduce
Rental car or loss of use — your choice
The legal basis here, too, is § 249 BGB: if you cannot use your vehicle during repairs or until a replacement is obtained, compensation for this loss of use forms part of the necessary cost of restoration that the other driver’s insurer must bear. You have a choice: if you take a rental car, its necessary costs are reimbursed. If you forgo a rental car, you are instead entitled to monetary compensation for the loss of use. Further claims arising from your accident are gathered together on the page Traffic Accidents.
In both cases, the decisive word is “necessary”: a rental car that is clearly too expensive, of a higher vehicle class, or hired for an excessively long period, is often reduced by the insurer. That’s why I check in advance which rental car class and duration are appropriate, so you don’t risk an unwelcome repayment demand from the insurer later on.
Don’t wait too long before hiring a car, and document the period your vehicle was out of use carefully — the clearer the evidence, the smoother the reimbursement. I support you throughout, from the first decision through to full settlement.
This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-06-19.
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