Is an insurance company for an at-fault driver required to provide a vehicle to the victim that can perform the same functions as the victim's vehicle such as 4x4 and towing ability?

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1288198

2026-02-27 08:45

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You don't mention which state you live in, but for most states, the answer is "no." Most states require that the at-fault carrier provide a claimant with basic transportation. On that same note, almost all states do not require the at-fault carrier to pay for the rental insurance (if you have full coverage on your own vehicle, it should transfer to a rental anyway).

This is a strange rule, actually, but in many ways it makes sense. The minute you get behind the wheel of you car, you're accepting a certain amount of risk. Along with that risk comes a duty to mitigate -- or lessen -- your damages, even when you're not at-fault for an accident (i.e., it ain't like winning the lottery if someone rear-ends you). "Basic transportation" is definitely a way to keep costs down.

But...talk nicely to your claims adjuster and they just might bump you up to a 4X4. And, again, your state might actually require a similar vehicle be made available to you.

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