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Cash Settlements · August 16, 2026

Towing, Rental Cars and Loaners: Can You Recover Those Costs?

Often, yes. The federal Magnuson-Moss Warranty Act lets a consumer sue for damages, and many state lemon laws expressly allow incidental costs such as towing and rental cars as part of a buyback or settlement. The catch is proof: you generally need receipts showing each cost was real, reasonable, and tied to the defect.

Car key resting on a folder of vehicle paperwork and receipts

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What counts as an incidental cost?

Incidental costs are the out-of-pocket expenses you pay because the vehicle is defective and keeps needing repair. They are separate from the purchase price, the loan payments, and the repair bills themselves. Common examples include:

Not every expense qualifies, and what counts depends on your state and the facts. Routine maintenance you would have paid anyway, such as oil changes, usually is not an incidental cost of the defect.

Does lemon law pay for towing and rental cars?

Many state lemon laws say so directly. California is a clear example: when a manufacturer must make restitution, the amount includes the price paid and collateral charges, "plus any incidental damages to which the buyer is entitled," including "reasonable repair, towing, and rental car costs actually incurred by the buyer" (Civil Code 1793.2(d)(2)(B)). See our California lemon law page for the rest of that statute.

Other states word it differently, and some are narrower. Check your state with the state law lookup tool.

Under federal law, the Magnuson-Moss Warranty Act lets a consumer damaged by a warrantor's failure to honor a written or implied warranty "bring suit for damages and other legal and equitable relief" (15 U.S.C. 2310(d)(1)). For warranties labeled "full," the Act also says that if incidental expenses are incurred because the remedy is not made within a reasonable time, the consumer is entitled to recover reasonable incidental expenses (15 U.S.C. 2304(d)). Most new-car warranties are labeled "limited," so in practice these costs are usually argued as part of the damages claim. Because MMWA applies nationwide, it can be a path even when your state's lemon law is narrow.

What about manufacturer roadside assistance and loaner programs?

Before you pay for a tow or a rental, check what the manufacturer already offers. Many new-vehicle warranties come with roadside assistance that covers towing to the nearest dealer, and some manufacturers or dealers provide a loaner or rental reimbursement during covered warranty repairs. Terms vary widely by brand, model year, and warranty type, and some programs have daily caps or require the dealer to approve the rental first.

Your warranty booklet is the place to confirm the details; our warranty manual search can help you find it. Using these programs does not hurt your claim. If the manufacturer covered the tow, you have no cost to recover, but the tow and the repair visit still count as part of your repair history.

How do you document these costs so they count?

Incidental costs are only as strong as your paperwork. A settlement conversation goes much faster when every dollar is backed by a receipt that lines up with a repair order.

  1. Keep every receipt. Tow invoices, rental agreements, rideshare receipts, and fuel for long trips to the dealer. Screenshots of app receipts are fine.
  2. Match each cost to a repair visit. The date on the receipt should line up with the date on the repair order. Log both in the repair attempt log.
  3. Ask the dealer for a loaner in writing. If they say none is available, note the date and the name of the person who told you. That helps show a rental was reasonable.
  4. Keep the costs reasonable. A comparable rental is easier to justify than an upgrade.
  5. Store everything in one place. Our guide to documenting repair attempts covers the full file.

How are incidental costs handled in a settlement?

In a buyback, incidental costs may be added on top of the refund of what you paid, depending on the state statute. In a cash-and-keep settlement, they are often part of the overall number negotiated. Our guides on how cash settlements work and buyback vs cash settlement explain the difference. No outcome is guaranteed; results depend on the facts of each case.

Under MMWA, a consumer who finally prevails may also be awarded reasonable attorney fees and costs (15 U.S.C. 2310(d)(2)), as our guide to MMWA fee-shifting explains. Lemonaid Firm helps owners nationwide under MMWA.

Frequently asked questions

Can I get reimbursed for a rental car while my car is in the shop?

Possibly. Many state lemon laws list rental car costs as recoverable incidental damages, and MMWA allows a damages claim. Keep the rental agreement and receipts, and show that no loaner was provided.

Does the manufacturer have to give me a loaner car?

Not always. Some warranties and dealer programs include loaners or rental reimbursement during covered repairs, often with limits. Check your warranty booklet and ask the dealer in writing.

What if roadside assistance already paid for the tow?

Then there is no cost for you to recover, but the tow and the repair visit still count as part of your repair history. Keep the roadside assistance record with your repair order.

Do rideshare and taxi fares count as incidental costs?

They may, if they were reasonable and caused by the defect, such as getting home after dropping the car off. Keep the app receipts and match them to repair order dates.

Is there a deadline to claim these costs?

Incidental costs are part of your overall claim, so the same filing deadlines apply. Use our statute of limitations calculator and do not wait until every repair is finished to start saving receipts.

Sources

Tired of paying to get to the dealer?

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About the authors

Joshua E. Feygin, Esq.

Joshua E. Feygin, Esq.

Co-Founder · Founding Attorney

Joshua founded Lemonaid Firm with a clear thesis: defective-vehicle owners should walk away with cash, not a return trip to the dealer. He leads the firm's federal Magnuson-Moss Warranty Act and state lemon-law practice.

The Florida Bar · District of Columbia Bar · Vermont Bar Association · Alabama State Bar

Michael A. Citron, Esq.

Michael A. Citron, Esq.

Partner · Federal Appeals & Complex Litigation

Michael brings deep federal-court and Eleventh Circuit appellate experience to the firm's most complex cases, and leads the cases where manufacturers refuse reasonable settlements and force litigation.

The Florida Bar · U.S. Court of Appeals for the Eleventh Circuit