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Old 05-21-2019, 07:47 AM
 
Location: NJ
14,135 posts, read 23,479,770 times
Reputation: 13292

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Quote:
Originally Posted by dijkstra View Post
Allstate is trying to mitigate losses and put them on the other party. Since no one was listed at fault in the police report, they are trying to put it on the OP. I have had a run in with Allstate in the past, I lawyered up and they ended up writing me a check when it was over.

The OP was the only one injured in the accident and states she was not at fault and was hit by the other driver. Even though the OP was not listed as a driver on the rental and did not have insurance, she has some pretty good leverage. If it were me, I would threaten to counter sue for medical expenses, pain and suffering and all of that good stuff. Allstate will pack it in and go away if the OP does. Being that I would be pissed off after receiving the letter from them threatening to sue me, I might would just go ahead and sue Allstate and the other driver and get a settlement out of them just to pay them back for threatening to sue me. All insurance companies care about is the dollar and they start reacting when you threaten to sue them....especially when you obviously have good leverage. OP, talk to a lawyer. If nothing else, call one of the lawyers that run tv commercials in your area for "have you been in a wreck" kind of things. They are settlement lawyers and take cases pro bono. About all one of those guys will have to do is send a letter to Allstate threatening to sue and you will have a check within two weeks.
I agree, go find an accident attorney. If the OP belongs to a local chat FB group they can make a post asking if anyone can recommend a good accident attorney; but do not tell your story in the group. Keep it about needing an attorney because you were hit and injured.
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Old 05-21-2019, 07:51 AM
 
Location: San Diego
39,671 posts, read 35,497,617 times
Reputation: 23982
Quote:
Originally Posted by Rakin View Post
OP let me guess.

You're broke and ain't got nothing anyways? If so they can sue all day long but there's not much they can get.

Depending on your State they might be able to garnish your wages. Maybe not.

Talk to a lawyer though.
I was hit by a car on my bicycle when I was younger. It was his fault but it took forever to get it settled and the ER/Hospital wanted their money immediately. They harassed me non stop. Rule #1 is talk to legal, not the entity trying to get money out of you. Had I known this I could have made good faith payments and saved my credit all the while I was waiting to settle with the guy's insurance.
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Old 05-21-2019, 07:56 AM
 
Location: Southern New Hampshire
8,030 posts, read 14,017,364 times
Reputation: 25662
Quote:
Originally Posted by momtrynasurvive View Post
Yes I'm absolutely sure no one's listed at fault on the police report. The cop didn't issue any tickets and stated, let the insurance figure it out. YES I HAVE LICENSE!!!

I was the only person injured in the accident (fractured my arm) yes there was significant damage done to the rental car. It was totaled. Let me be clear the other drive HIT ME!!!!! I have been trying to find and attorney to take my case but its been over a year since this happened and thought everything was fine. The rental car was covered and fixed, so really don't understand why I'm being sued.
Because YOU WERE DRIVING when you weren't supposed to be driving as you weren't listed as an authorized driver!!! You never answered that part.

Even if the person who rented the car got rental car insurance, if he/she didn't list you as an authorized driver I doubt that his/her rental car insurance would cover YOU.

So again: why were you driving when you weren't listed as an authorized driver??!!! THAT seems to be your biggest mistake, and I can't fathom why you would do that. Sorry!
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Old 05-21-2019, 08:32 AM
 
11,286 posts, read 8,721,753 times
Reputation: 14593
Quote:
Originally Posted by momtrynasurvive View Post
Yes I'm absolutely sure no one's listed at fault on the police report. The cop didn't issue any tickets and stated, let the insurance figure it out. YES I HAVE LICENSE!!!

I was the only person injured in the accident (fractured my arm) yes there was significant damage done to the rental car. It was totaled. Let me be clear the other drive HIT ME!!!!! I have been trying to find and attorney to take my case but its been over a year since this happened and thought everything was fine. The rental car was covered and fixed, so really don't understand why I'm being sued.

So, you were injured and no attorney would take your case to try to win damages?



You are so screwed.
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Old 05-21-2019, 09:00 AM
 
Location: Full time in the RV
3,034 posts, read 6,769,298 times
Reputation: 2709
OP we are all trying to help but we need more information:

1.Who rented the car? What were the circumstances that you were driving it?
2. What state did the accident occur?
3. Who paid your medical bills?

The more details you provide the more we can help.
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Old 05-21-2019, 09:33 AM
 
Location: Riding a rock floating through space
2,661 posts, read 941,414 times
Reputation: 6318
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 need to explain this before anyone can give you any advice.
WHO RENTED THE CAR?
IF IT WASN'T YOU, WHAT WERE THE CIRCUMSTANCES THAT LED TO YOU DRIVING IT?
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Old 05-21-2019, 10:06 AM
 
561 posts, read 215,445 times
Reputation: 1989
Quote:
Originally Posted by athena53 View Post
If this were true then the rental company's insurer would have paid and that would have been the end of it, right? Instead, in a case like this they go after the person who rented the car, which is why they sell the overpriced "collision damage waiver" in the first place.

When you buy car insurance (and I realize the OP didn't have any), your liability insurance covers any damage to a rental car that's your fault. You have to wade through the definitions of "covered vehicles" and "covered drivers" but it's there. Most policies also include someone you temporarily allow to use your rental car as a "covered driver". Not all- in fact, it's these little exceptions that make some of the insurance policies you buy on-line from no-name companies cheaper than the standard ones. It's possible that the person who actually rented the car and let the OP use it didn't have insurance or the insurance didn't cover the OP because she wasn't listed on the rental contract- so now they're coming after the OP.

I am not a lawyer but I'm a retired casualty actuary and a CPCU and was in the insurance business for nearly 40 years. I agree with the advice to find a Legal Aid lawyer.
You make a statement like the one I highlighted, then boast of forty years in the business..............seriously? If YOU ever end up in any potential litigation regarding an insurance matter, I would hope they you hire a lawyer immediately, because you certainly would need somebody who thinks a lot clearer than this.
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Old 05-21-2019, 10:16 AM
 
Location: Riding a rock floating through space
2,661 posts, read 941,414 times
Reputation: 6318
Quote:
Originally Posted by wharton View Post
You make a statement like the one I highlighted, then boast of forty years in the business..............seriously? If YOU ever end up in any potential litigation regarding an insurance matter, I would hope they you hire a lawyer immediately, because you certainly would need somebody who thinks a lot clearer than this.
I agree with Athena, and from the sounds of it the person who rented the car as well as the driver (the op) are liable for the damages. Most rental car companies allow someone other than the renter to drive the car and cover that person, but they need to be notified in advance. It sounds like this didn't happen, which nullified the contract and they both become personally liable with no insurance protection.
Why the cop didn't assign fault is pretty puzzling though, it must have been one word against another without clear evidence either way. Since the other driver involved had insurance, which has a legal department, the op is most likely screwed.
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Old 05-21-2019, 10:20 AM
 
951 posts, read 329,900 times
Reputation: 1490
I think it's simple. Most auto insurance will cover a rental, but no auto insurance = no coverage if you did not buy the added rental coverage. The credit card used can also provide coverage sometimes too.
Research those options and send what you get to them to take care of.
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Old 05-21-2019, 10:20 AM
 
Location: NJ
27,834 posts, read 33,008,350 times
Reputation: 19909
Quote:
Originally Posted by momtrynasurvive View Post
Yes I'm absolutely sure no one's listed at fault on the police report. The cop didn't issue any tickets and stated, let the insurance figure it out. YES I HAVE LICENSE!!!

I was the only person injured in the accident (fractured my arm) yes there was significant damage done to the rental car. It was totaled. Let me be clear the other drive HIT ME!!!!! I have been trying to find and attorney to take my case but its been over a year since this happened and thought everything was fine. The rental car was covered and fixed, so really don't understand why I'm being sued.
sounds like you better call saul!
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