Legal Question in Personal Injury in California

I had a car accident in a rental car that I thought was insured. I asked to purchase the insurance yet I apparently only purchased what is called the lost damage waive, which only covered the car. As I am between running cars at the moment I let my was expired at the time of the accident. Now, I'm getting calls from both the rental car companies insurance people and the insurance people of the person's car I hit.

The insurance for the rental car company said the person I hit is claiming injury damages and that I will be liable if I dont have insurance.

I'm scared and do not know what to do. Do I need a lawyer? What type of lawyer do I need? What's going to happen to me?


Asked on 7/27/11, 9:38 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The good news, if there is any, is that you were not an "uninsured motorist" and your license won't be suspended. The rent-a-car company has a bond with the DMV in the minimum amounts required by law. The bad news is that this bond does not protect you from liability. Do not speak, sign papers, or give statements to the rental company, the other party's insurance company, or the lawyer for the other party. If you are lucky, the lawyer for the allegedly injured party or parties will quit the case when it is discovered you had no liability insurance. Even so the rental company will bill you, and they may well eventually sue you, for whatever amounts they had to pay. If you are sued, you will need to hire your own lawyer -- if you had been insured you would be provided with a free lawyer by your insurance company. Whether this will be worth the substantial expense depends on factors including 1) the amount of injuries/damages claimed; 2) whether you have a defense to liability (the accident wasn't your fault); 3) your personal financial condition (whether you have wages or property that can be taken to pay a judgment). Even if you feel you have no defense to liability, you may wish to retain an attorney to contest the amounts claimed. You should by now have filed a SR-1 accident report form listing the rental company as the insurer. If you fail to make things right with the rental company, you will be placed on that rental company's Do Not Rent list.

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Answered on 7/27/11, 9:53 pm


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