Legal Question in Insurance Law in California

My fiance has car insurance in New York City. He rented a car (and I was a registered driver) in California. I was in a minor accident while driving (I do not have my own car insurance as I do not own a car). Should his car insurance cover me in the rental car or not? I was under the impression that when he rented the car, it was covered as his own car is, and if he gave someone permission to drive the rental car, they would be covered too. This is how my parents' car insurance works. Is this not the case?

Also, I believe the person the accident was with has no insurance whatsoever. I heard that in California this means that they are not entitled to damages - is this correct? Unfortunately we don't have the insurance companies to establish liability and I think it could go either way and am not sure how to proceed. Thanks!


Asked on 2/29/12, 11:24 pm

1 Answer from Attorneys

His car insurance covers HIM when he drives another car, rental or otherwise, and it covers anyone he allows to use HIS insured car. It does not insure YOU when YOU drive someone else's car, rental or otherwise, just because he is the one who obtained permission to use it (in this case by renting it). Your parents car insurance does not work any differently. You are insured when you use their car, but you would not be insured if they rented a car and allowed you to use it. As for uninsured driver law in California, you are partially correct. Uninsured drivers damages are limited to actual out of pocket losses for such things as repairs, medical charges, and lost wages. What they cannot recover, which frequently is a large part of damages, is anything for pain and suffering or other non-monetary damages.

Read more
Answered on 3/01/12, 10:18 am


Related Questions & Answers

More Insurance Law questions and answers in California