Legal Question in Insurance Law in California
Insurance Requirements for Rented Vehicle
My husband and I were involved in an accident caused by a person driving a rented vehicle. The person causing the accident hit a vehicle from behind which caused this vehicle to hit me on my motorcycle. This person was cited for driving with a suspended license and was driving with no insurance. The rented vehicle involved in the accident had also been rented by someone else and not the person involved in the accident. This person also had a suspended license and no insurance. What is the company that rented the vehicle financially responsible for? Am I able to obtain a settlement from the vehicle that actually hit me? I had severe injuries, with my right arm currently disabled and may be totally disabled. I carried the state law required insurance on my vehicle. My husband also had the same on his motorcycle and had minor injuries. My vehicle was deemed ''totaled'' and my husband's was repairable. Thank you.
6 Answers from Attorneys
Re: Insurance Requirements for Rented Vehicle
When you have serious, and possibly permanent, injuries, you should discuss your situation with several attorneys that practice personal injury/tort law. You should not be charged for an initial consultation.
An attorney will need to investigate all potentially liable parties, and all possible insurance coverage. If you have uninsured/underinsured motorist coverage on your own policy, you may be able to make a claim with your own insurance company.
Re: Insurance Requirements for Rented Vehicle
When was the accident? Hopefully not over one year ago since the statute of limitations in this type of case is only one year. The Rental Car company would be liable, at the very least, as an owner of a vehicle under statute in the amount of $15,000. Also, it is very important to investigate the insurance policy's available for all culpable drivers. Then, you can determine if they were insured on uninsured. If insured and they have minimal, then, you would be able to file an "underinsured" claim with your insurance carrier. If they were not insured, then, you would have a "uninsured" motorist claim with your insurance carrier. The injuries in your case sound dramatic and it is worth investigating. Please contact our office for a free 30 minute consultation. Good luck and thanks for inquiring.
Re: Insurance Requirements for Rented Vehicle
Sounds like a horrible mess. I am a biker and an attorney at law. I have been riding for years and totally understand how motorcycle accidents differ from ordinary auto accidents. I agree with what most of the other attorneys have said. Without repeating all of the advice I suggest you give me a call first thing tomorrow on my cell at 818-427-6246 so we can talk about your case, I can give you my opinion of your case, and find out more information. I am leaving to ride to the Las Vegas Biker fest on Friday, and I will be gone for a week on a long deserved vacation. If I can help you, and you decide to retain my firm, I can get you signed up and have my staff working on the case before I leave.
Norm
Re: Insurance Requirements for Rented Vehicle
Theoretically, the rental car company could be liable as a registered owner. What treatment have you and your husband undertaken? Did you have uninsured motorist insurance? If so, it would be appropriate for your insurance company to pay your claim, including bodily injury, and then they go after the drivers. Please get in contact with more information if you would like. I'm certain we could be of help.
Re: Insurance Requirements for Rented Vehicle
If rental car company did everything properly, then their liability is limited by statute to $15,000. Of course you may sue the negligent drivers, but it becomes an economical issue. If the schmack couldn't afford minimal insurance coverage can he afford to pay off a judgment?
Uninsured and Underinsured motorist coverage is created for exactly these kinds of situations and it does not cost that much. For couple of hundreds more per year you and your husband could have had $100,000 coverage. Think about it...
At this time I would not hire a lawyer. Just send a written demand to the rental car company with your medical bills and ask them to pay their policy limits within 15 days. If they refuse, then hire a lawyer.
Also, you might have a case against the original party who rented the vehicle AND he might have a coverage of his own. So, you should definitely check it out.
Lastly, I strongly recommend you to hire a PI to do asset search on the involved parties in case one of those people inherited a fortune or hit the lottery or are simply to stingy to buy insurance but have money or assets.
Good luck.
Re: Insurance Requirements for Rented Vehicle
There are various possibilities of recovery: the rental company, the person who rented the vehicle, assets of the driver, uninsured motorist under your policy, etc. We need additional information to properly advise you.
Please e-mail me with contact information or call me at (818) 991-6664 for a free consultation and case evaluation.
Good luck and thank you for your inquiry.
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