Someone driving a rental car hit me. They aren’t covered by insurance. What to do?

What Are Your Options When a Rental Car Accident Isn’t Covered by Insurance?

Accidents involving rental vehicles can be complicated, especially when the at-fault driver is uninsured or improperly covered. If you’ve recently experienced a collision where the at-fault driver was behind the wheel of a rental car and isn’t insured, understanding your options can make a significant difference in recovering your costs.

Case Overview

Imagine this scenario: a driver operating a rental vehicle causes a collision, and the incident is clearly their fault—supported by police reports and video evidence. However, the complicating factor is that the driver’s step-parent rented the car but failed to add her to the insurance policy. Additionally, she was under the age of 25, which can sometimes limit coverage. While your own insurance has covered most of your damages, you’re still facing out-of-pocket expenses totaling several thousand dollars. Unfortunately, the rental car company’s insurance refuses to cover the damage, leaving you in a difficult position.

Why Didn’t the Insurance Cover the Accident?

In such cases, the primary obstacle is often lack of coverage. If the driver was not listed on the insurance policy — especially in young drivers who may not be added to the policy — the rental company’s insurance may not be liable or may deny coverage. Moreover, the at-fault driver’s attempts to evade responsibility, such as leaving the scene or refusing to report the accident, complicate matters further.

Your Current Options

Your own insurance has taken on the bulk of the claim, but gaps still remain. The insurance company has indicated they will pursue reimbursement from the responsible party rather than filing a lawsuit. If the at-fault individual attempts to avoid responsibility—perhaps by stonewalling, disappearing, or hiding evidence—the likelihood of recovering your deductibles and other costs diminishes.

Should You Consider Legal Action?

Given these circumstances, pursuing legal action—such as filing a civil lawsuit—may be necessary to seek full compensation. Consulting with an experienced personal injury attorney can help evaluate the strength of your case, especially when dealing with uncooperative defendants or those uninsured.

Takeaway Tips

  • Document all evidence meticulously, including police reports, video footage, photographs, and communication records.
  • Consult with a legal professional experienced in personal injury and insurance claims.
  • Keep detailed records of your expenses and losses related to the accident.
  • Understand that pursuing legal action might be the only avenue to recover full damages if the responsible party refuses to cooperate.

Final Thoughts

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