I was involved in a car accident yesterday. It was the fault of the other driver. They admitted to fault. Two eye witnesses also saw that it was clearly their fault. They told me they were driving a rental vehicle and that they had paid for insurance on it. We exchanged information and agreed to meet at the car rental agency as they needed a new rental and I needed to find out how to make a claim to get my car fixed. When we get to the rental agency the agent tells me that the insurance they paid for will only cover the rented vehicle and that the driver is personally responsible for my car. They have no auto insurance and from what I can gather, no money. I have uninsured motorist coverage but a high deductible. I am trying to find out what I can do. Can I go after the car rental agency as they are the owners of the vehicle they must have some sort of liability responsibility. Do I go after the uninsured driver and hope that they reimburse me for my deductible. Please help me. I didn't do anything wrong and cannot afford to take a loss like this. Thank you for your time.
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4 Answers from Attorneys
Typically, deductibles do not apply to uninsured motorist coverage. I would call your insurance company and discuss your coverage.
The rental car company is right and wrong. They are right that the insurance the driver got was only for the rental car. However, by renting to the uninsured driver, the rental company is liable. Also, if you have collision coverage, whether the other driver is insured or not doesn't matter. Bottom line is you have claims against the rental car company and the driver for your deductable, and your insurance should cover the rest and worry about whether they can recover from the rental company's insurance.
Id be interested in representing you in this matter and as to any injuries that may have been sustained.
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