Auto accident involving drunk in a rented vehicle

Hi all,

I have been trying to find infomation regarding my accident.

Basically, I was involved in a collision on an interstate in California where a driver in a rented vehicle rear-ended me. After obtaining the police report, I found out that she was charged and arrested after the accident for DUI and maybe more pending a blood test.

The vehicle she was driving was from Hertz and she was from Texas but the accident happened in California.

So.. my question is, who pays for the damages to my vehicle( which was totalled because it was a high speed accident), and my pain and suffering? Her insurance? Hertz rent a car? Or Hertz rent a car first and then her insurance?

Any advice would be welcomed! Thanks!

[I AM ALWAYS LIABLE]

Originally posted by sna
Hi all,

I have been trying to find infomation regarding my accident.

Basically, I was involved in a collision on an interstate in California where a driver in a rented vehicle rear-ended me. After obtaining the police report, I found out that she was charged and arrested after the accident for DUI and maybe more pending a blood test.

The vehicle she was driving was from Hertz and she was from Texas but the accident happened in California.

So.. my question is, who pays for the damages to my vehicle( which was totalled because it was a high speed accident), and my pain and suffering? Her insurance? Hertz rent a car? Or Hertz rent a car first and then her insurance?

Any advice would be welcomed! Thanks!

My response:

Why are you handling this matter? Where's your attorney in this equation?

Her insurance is primary. The Hertz Corporation is secondary. In addition to general negligence, you also have a cause of action for her intentional tort of driving while intoxicated. Therefore, you're entitled to your property damages, your medicals, your pain and suffering, and you're also entitled to punitive damages because she was intoxicated.

You're going to need an attorney as soon as possible.

IAAL