suing an attorney

[eklis]

My husband was hit by a lady that was driving an enterprise rental car. It was rented by her attorney. Our truck sustained damage and her insurance company has decided that her attorney is responsible to pay for all damages since he is the renter of the vehicle.
He is not giving us his insurance info, what can we do?

I need to get our truck repaired and I know I can file on my insurance but why should I risk for our premium to go up since we were not at fault and I think somebody has to pay for it. the girl that drove the rental car or her attorney that rented the car for her.
Help!!!

 

[stephenk]

first, what state are you in?

Second, you need to mitigate your damages. That means you cant let your truck sit unrepaired for months and then expect one of the other carriers to pay you for loss of use or the cost of a rental when you had an opportunity to fix your truck through your own carrier. Make the claim with your carrier. if your hubby was not at fault for the accident, your premiums will not go up.

You should make a claim against Enterprise first, since they own the car. The attorney's personal automobile carrier (if the attorney has one) is not primary coverage for this accident. First its the car owner, then the car driver and then the car renter.

 

[eklis]

well, enterprise is saying they are not gonna accept the claim because the driver and the attorney did not buy insurance with them.
I also don't think I should have topay my $500 deductible with my insurance. I know I can get it back because my insurance will go after whomever, but if I don't I am out $500 for something we are not at fault at.