Legal Question in Insurance Law in Washington
Non-onwer Business Rental Car Accident
My son was on the job driving a rental car rented by the small business owner, and rolled the utility vehicle over on its top. he is being sued by the rental car company along with another individual and the business owner. We were advised that my son might need to offer a settlement to the rental car agencies attorney to try to settle before going to court. He has no money or assets, he's a full time student and works 37 hrs a week at a sporting good store. I do not have money to help him. Can the court make him responsible for the accident and if so where is he supposed to get the money to settle and for attorney fees? Shouldn't the employer's insurance cover this situation? Please help. Thank you.
1 Answer from Attorneys
Re: Non-onwer Business Rental Car Accident
As an Oregon attorney, I can only respond in accordance with Oregon law. In Oregon, there should be some insurance covering either your son or the vehicle that he was driving. Defense of the case should be tendered to the insurance carrier. If he was a named insured under your policy, he may have coverage for any vehicle that he drives. he may also be covered by the employer's auto policy or umbrella policy if they have one.
Assuming that the accident was caused by his negligence, then he would be legally liable for any damages caused by the accident, including damage to the rental car.
One note, in Oregon, we require all drivers to have insurance. It is possible that one could argue that the rental car company (owner of the car) is required by law to carry insurance which would cover your son's driving or at least that they should have required proof of insurance before renting the car. They may still would have a subrogation right to recover for their property damage.
This is a complex area of the law that is not yet settled. I recommend that you consult with an experienced insurance attorney before making any settlement.
Good Luck
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
