If someone runs into the back of your car and tears it up, is their insurance liable?

Question

To provide you with a rental car while yours is being repaired.

Answer 1

Yes. Unless you backed into him, the guy who failed to stop and hit your rear end is at fault.

In a no-fault state, nobody gets tagged, but there might be a threshold liability amount he'd have to pay.

Otherwise, his insurance company wants your name on a release. Everything else is negotiation. Technically, they should "make you whole" (definition of "indemnity"). That is, they owe you to repair your car using standard industry repair techniques at prevailing rates using LKQ parts (like kind and quality) and they owe you for a replacement car while yours is not available to you due to the repair.

A note of caution. You should conduct yourself throughout this process as if you were the one paying the bill. If you languish in a rental car too long and don't check with the shop diligently, they could deny the extra days in the rental.
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Answer 2

Yes...they owe from the day your vehicle repairs start until the day the shop calls & tells you your car is ready for pick up, whether it's 8am on a Friday or 2 minutes before the shop closes on Friday.

Answer 3

Not sure about a rental, but in almost every state in the US, the person who did the rear-ending is presumed to be at fault.

Answer 4

Unless you live in a backwards state the vehicle that is rear-ended by another is not at fault unless he/she/it was making a inappropriate turn or maneuver without signal etc.

Answer 5

Well, it depends on your state. Generally, if you are hit from behind, you both share the responsiblity. Generally.

If you are in a no-fault state, you each take care of your own vehicles. In Texas, it is the responsibility of the one who gets the ticket or is at fault.