by JohnAdledxds » Mon Apr 23, 2012 06:55 am
i was backing out of a parking space inn my mothers car and was hit by a drunk driver im not under my moms insurance yet is that a problem?he was taken to jail also he was in a rental car
Posted: Tue Apr 24, 2012 12:53 pm Post Subject: Rental car coverage
Your own insurer might deny coverage, since your were not registered under your mother's auto insurance policy. You can make a claim from the rental car company to receive payments for the damages.
Posted: Tue Apr 24, 2012 01:21 pm Post Subject:
Your own insurer might deny coverage, since your were not registered under your mother's auto insurance policy.
This would only be true if a driver was EXCLUDED from coverage. Otherwise, coverage on the vehicle generally extends to all drivers using the vehicle with the owner's permission. However, liability limits are often reduced to state minimums when this occurs.
Since this was a third-party incident, coverage is not an issue. The OP (or his mother, who owns the car) should immediately file a claim against the rental car company, which is insured, and which will subrogate against the renter and/or his insurance company. They could also deny the claim, in which case the claim would have to be brought against the driver/renter.
Having said this, because the incident involves backing out of a parking space, even though the driver of the rental vehicle was intoxicated and arrested, there could still be arguable negligence on the part of the OP, which could reduce the amount of claim that is payable.
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