Hit by someone driving Rental Truck

[MiniHelp]

What is the name of your state? California
I was recently driving down a road in Los Angeles and was slowing down coming into traffic. I was suddenly hit by a Budget Rental Truck, they weren't even changing lanes, just clearly used to not driving a large truck and came over into my lane. Caused a lot of damage to the side and bumper of my car. We exchanged information, I called my insurance, made a claim, and thought it would be taken care of. My insurance company was unable to get a hold of the guy who hit me. He refused to call them back, after they tried 10 times. They then called his insurance company, and it turns out, he is not insured to drive anything over 2,000 lb payload (roughly the size of an F150 truck). They are now going to call Budget Rental Truck to see if he purchased the supplemental insurance, which I'm sure he did not, and then go from there. If he has no insurance, and my insurance only covers bodily damage for uninsured motorist, are there legal preceedings I can take against the guy who hit me???? I just want to get the $4000 worth of damage to my car paid for.

 

[Zigner]

What coverages do YOU have?

 

[JETX]

are there legal preceedings I can take against the guy who hit me????

You can file a claim against your insurance and they will attempt to subrogate against the other driver or his insurance (if any).
Or, you can pursue a separate legal claim on your own by filing your own claim in court.

 

[ecmst12]

Can only file with his own insurance if he has collision coverage.

Call Budget. They should provide LIABILITY coverage for all their customers as it is legally required for the owner of the vehicle to provide minimum insurance. The supplemental insurance that you have to pay for is for collision - damage you cause to the truck itself. Without that, the renter will have to pay out of pocket for any damage they cause to the truck, if their personal insurance won't cover it. But file a claim with Budget for your property damage. They may try to go after the renter eventually, but meantime they should take care of you.

 

[JETX]

Can only file with his own insurance if he has collision coverage.

WRONG!!
I guess you failed to READ the OP's post:
"my insurance only covers bodily damage for uninsured motorist, are there legal preceedings I can take against the guy who hit me????"

If the other driver refuses to provide insurance information, the OP's post says that it would cover... so he should file the claim and let his insurance pursue the other driver as an uninsured motorist until/unless they find differently.

Read and UNDERSTAND:
http://www.budgettruck.com/SupplementalLiabilityInsurance.aspx

 

[alnorth]

WRONG!!
I guess you failed to READ the OP's post:
"my insurance only covers bodily damage for uninsured motorist, are there legal preceedings I can take against the guy who hit me????"

If the other driver refuses to provide insurance information, the OP's post says that it would cover... so he should file the claim and let his insurance pursue the other driver as an uninsured motorist until/unless they find differently.

Read and UNDERSTAND:
http://www.budgettruck.com/SupplementalLiabilityInsurance.aspx

That might work, except in the sentance right after the one you quoted, the OP mentions that his claim was only for physical damage to his car. UM/UIM BI wont help him there, and if he has no Collision coverage, his insurance company wont pay the claim or subrogate against the other driver. The part about not reading the OP's post was funny, though.

 

[alnorth]

OP: Since your UM/UIM apparently only covers BI, then if the other driver was not insured to drive that car and you dont have Collision coverage, you may have no choice but to sue him yourself in small claims court, assuming the other driver also lives in CA. If the other driver is out of state, then in CA I believe you'll have to sue in Municipal/Superior Court.

 

[JETX]

UM/UIM BI wont help him there, and if he has no Collision coverage, his insurance company wont pay the claim or subrogate against the other driver.

Wrong!!
From the California Department of Insurance:
"UNINSURED MOTORIST BODILY INJURY
Will pay you and your passengers for BODILY INJURY cause by a negligent uninsured motorist, a hit-and-run driver, or by a driver whose insurer is insolvent.

UNINSURED MOTORIST PROPERTY DAMAGE
Will pay for damages to your automobile, set up to a limit, when caused by a negligent unisured motorist.
http://www.insurance.ca.gov/0100-consumers/0010-buying-insurance/0050-glossary-terms/#u

 

[ecmst12]

But he doesn't HAVE UMPD coverage. And anyway, the driver of a rental car is never uninsured. The rental company provides the minimum required liability insurance as required by law.

 

[alnorth]

Wrong!!
From the California Department of Insurance:
"UNINSURED MOTORIST BODILY INJURY
Will pay you and your passengers for BODILY INJURY cause by a negligent uninsured motorist, a hit-and-run driver, or by a driver whose insurer is insolvent.

UNINSURED MOTORIST PROPERTY DAMAGE
Will pay for damages to your automobile, set up to a limit, when caused by a negligent unisured motorist.
http://www.insurance.ca.gov/0100-consumers/0010-buying-insurance/0050-glossary-terms/#u

The OP stated that he only had UM/UIM BI, not UM/UIM PD. Its not a mandatory coverage to drive in CA.