That is a difficult question and depends on the circumstances of each case. Car crash victims who have full coverage on their damaged or totaled vehicle have more options than victims who have no insurance or only liability insurance.
For those with full coverage (Collision Coverage) on the vehicle, there are two options. First, you can rely on the careless driver’s liability insurance company to handle the property damage and rental car. Second, you can rely on your own insurance company to handle the property damage. However, if you do not have rental coverage on your own policy, you will either have to rely on the other driver’s insurance to provide a rental car, or pay for a rental car out of pocket and seek reimbursement later.
There are pros and cons associated with each option. If the car crash victim uses their own insurance, it is less likely there will be delays in processing the property damage claim and placing the victim into a rental car (if the victim has rental car coverage). However, the car crash victim will likely pay a deductible, and face the possibility of an increase in their insurance premiums. If the car crash victim relies on the careless driver’s liability insurance, they are, to some extent, at the mercy of that insurance company. Because the careless driver’s insurance company is allowed to investigate the circumstances of the car crash, and the careless driver might not always be honest about what happened, the car crash victim will frequently be required to wait until a police report has been completed and filed before the careless driver’s insurance company will take responsibility for the crash. This can cause significant delays in the car crash victim’s ability to get their vehicle repaired or replaced, and the victim’s ability to get a rental car.