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Old 05-20-2019, 08:01 PM
 
5 posts, read 835 times
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Hi,
First thing to do is all your insurance company (the one who carried your policy at the time of the accident). If they are not going to handle it, get an attorney. You'll need one. And don't admit make any admissions of guilt
to the insurance company's lawyer.

 
Old 05-20-2019, 08:20 PM
 
797 posts, read 219,429 times
Reputation: 2202
Quote:
Originally Posted by PriscillaVanilla View Post
Can someone rent a car without having car insurance?
I think so; after all, you can buy insurance through the rental company. Whether you can have no insurance of your own and also decline the insurance through the rental company, I'm not sure about (I don't know if they ask about personal insurance, or if they just ask whether you'd like theirs). I guess if you're willing to get sued, maybe...


Quote:
Originally Posted by JrzDefector View Post
That is what I would assume. The person who signed the rental agreement is the person responsible for the vehicle. Now if they had insurance that covered rental cars (as I do), they MIGHT have coverage for another licensed driver in the car, rental agreement or not.
Unless Allstate is the company of the person who rented, the rental car company did go after them, and now they're subrogating to OP?
 
Old 05-20-2019, 08:45 PM
 
Location: Denver CO
21,001 posts, read 11,624,951 times
Reputation: 31841
Quote:
Originally Posted by momtrynasurvive View Post
It was a rental car I was driving at the time, and I was not listed as a driver in the insurance. I didn't own a car at the time so no I did not have insurance.
Who was the renter of the car? Were they present at the time of the accident? Did they report the accident to the rental car company and to their own insurance company if they had one?

Now, it's possible that even if that was done, they will not provide coverage to you as a non-authorized driver. But they might, so that's the first step - to check with whoever rented the car, presumably a relative or friend of yours, and get connected with whoever has been handling the claim so far. The law says that the duty to defend (meaning hire a lawyer on your behalf, to handle the law suit) is broader than the duty to indemnify (meaning to pay out any claim or judgement against you) so you might still at least be able to have access to an attorney to help you figure all of this out.

If none of this works, you could call the local bar association and ask them for a referral. Most of them have a program where you should be able to at least have an initial consultation with a lawyer for free. They will be able to get some more specifics from you and help give you some guidance on what courses of action might be available to you - and as someone else noted, to some extent, that does depend on whether you have any assets to protect.

But yes, as a Public Service Announcement, no one should drive a car without some kind of insurance, whether that's a personal policy, or it's knowing for sure you are covered as an authorized driver of someone else's car, whether they own or rent it.
 
Old 05-20-2019, 08:59 PM
 
9,880 posts, read 3,931,322 times
Reputation: 24949
Quote:
Originally Posted by momtrynasurvive View Post
Hello all,

I am new here, I was recommended to this forum by a friend.

I need your help or advice.

I received a letter from a lawyers office stating I am being sued by All State for a car accident that occurred last year. Last year I was involved in a car accident where the cop did not recognize anyone as fault on the police report. Both cars was repaired.

Now Allstate is stating I was a fault for the accident: Failure to Yield. I totally disagree with their judgment labeling me at fault. Allstate is planning to serve me with court papers soon.

I am completely confused, afraid, and I am not sure what to do next. I do not have a lot of money to afford a lawyer as well.

Any recommendations or advice would be great.

Thank you,
I've been sued twice for car wrecks where I was not at fault, so I'd like to give you some thoughts.

Was anyone injured? Was there significant damage to the cars? Do you have significant money?

If no one was injured, and there wasn't significant damage to cars, and you don't have real assets, and you don't have insurance, you're pretty much in the clear but I'd still hire a lawyer. What they're trying to do is go after your insurance company or your assets - if you don't have either, it's not worth their time and they'll go away.

An aside, I've never heard of a wreck where no one was at fault. Are you sure that's true?
 
Old 05-20-2019, 09:22 PM
 
Location: Scottsdale, AZ
7,398 posts, read 4,553,576 times
Reputation: 27047
I'm going to go out on a limb here and guess the OP couldn't be listed as an additional driver on the rental because she has no driver's license.
 
Old 05-20-2019, 09:35 PM
 
18,111 posts, read 19,872,841 times
Reputation: 26534
Quote:
Originally Posted by momtrynasurvive View Post
It was a rental car I was driving at the time, and I was not listed as a driver in the insurance. I didn't own a car at the time so no I did not have insurance.
You’re screwed. The rental company insurance isn’t gonna do anything. Get a lawyer and hope that he can twist the rental car insurance company to cover you as a driver.

Why the H were you driving a car that you were excluded/not listed to drive?
 
Old 05-20-2019, 09:38 PM
 
Location: Riding a rock floating through space
1,857 posts, read 532,279 times
Reputation: 4676
I would think the person who rented the car would be responsible if they let you take the car. If you took it without permission then it's on you. How did you end up driving this rented car and who rented it?
 
Old 05-20-2019, 10:05 PM
 
797 posts, read 219,429 times
Reputation: 2202
Quote:
Originally Posted by fluffythewondercat View Post
I'm going to go out on a limb here and guess the OP couldn't be listed as an additional driver on the rental because she has no driver's license.
There are other reasons... I once had to rent a van (to transport something large). I could not because I didn't have a credit card. So I took my mom with me because she did have one... and it turned out I couldn't even be listed as an additional driver because I didn't have a credit card myself (yes, I had asked about it at the time I made the reservation and they'd told me it wouldn't be a problem). Mind you, I'm pretty sure we *did* purchase their insurance (large vehicle I wasn't used to driving, etc.; it's wiser), and we both had our own insurance for our own cars.
 
Old 05-20-2019, 10:33 PM
 
20,546 posts, read 13,576,401 times
Reputation: 14203
Quote:
Originally Posted by momtrynasurvive View Post
Hello all,

I am new here, I was recommended to this forum by a friend.

I need your help or advice.

I received a letter from a lawyers office stating I am being sued by All State for a car accident that occurred last year. Last year I was involved in a car accident where the cop did not recognize anyone as fault on the police report. Both cars was repaired.

Now Allstate is stating I was a fault for the accident: Failure to Yield. I totally disagree with their judgment labeling me at fault. Allstate is planning to serve me with court papers soon.

I am completely confused, afraid, and I am not sure what to do next. I do not have a lot of money to afford a lawyer as well.

Any recommendations or advice would be great.

Thank you,


Am assuming you were driving a rental vehicle but didn't take any sort of collision/loss damage waiver coverage.


https://wallethub.com/edu/oi/collisi...e-waiver/8822/


And or you did take collision (or otherwise have), but did not take any sort of supplemental liability coverage.


https://www.nerdwallet.com/blog/insu...car-insurance/


All states require motor vehicles to have at least some sort of liability coverage. That is insurance that pays upon harm/injury to person or persons inside the motor vehicle in case of an accident. This and or someone and or their property outside of it should vehicle hit a person or property.


When driving a rented vehicle unless are covered by personal auto insurance (damage and liability), or some sort of third party (credit/charge card, AAA, non owners auto insurance, etc...) it is strongly advised renters should take LDW/CDW coverage and supplemental liability.


Key word above is "supplemental" liability insurance. That is because many if not most states require car rental companies to carry at least same minimum liability coverage as a private auto. This varies by state and exact terms of coverage are spelled out in the master agreement you were given when taking the car.


https://www.wjfarmerinsurance.com/re...e-you-covered/


Who paid for damage to rented vehicle to be repaired, *and* that of the vehicle it hit?


Answer to my last query seems like Allstate which is why they are suing *you*. They paid claim filed by their policy holder to repair damage caused by accident. Now Allstate is seeking to recoup some or all of that money from person they believe at fault; that would be *you* as driver of other vehicle. Allstate may or may not also be suing the rental car company as well. Simple matter is a claim was paid and they now are going to seek to get that money back from someone or somewhere.


You need to contact a good attorney, NOW! If you have auto insurance speak to your agent or whatever to see if you are covered for this event. Should you not have insurance and or it won't pay, then your best and only hope is to "win" either in court, or strike some sort of settlement deal.


Finally if you paid for the rental car with a CC, and it provided any sort of coverage (including liability), reach out to customer service and again see if this situation is covered.
 
Old 05-20-2019, 10:36 PM
 
20,546 posts, read 13,576,401 times
Reputation: 14203
Quote:
Originally Posted by momtrynasurvive View Post
It was a rental car I was driving at the time, and I was not listed as a driver in the insurance. I didn't own a car at the time so no I did not have insurance.
Were you operating this rented vehicle at time of accident without being listed as an authorized driver with the car company? Or are you just saying didn't take out any insurance coverage from car rental company and do not have any of your own.
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