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accident-other person at fault cont'd

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Robyn42499

Guest
I posted a message last week about an accident that happened, well...we are having more problems, the man that hit my husband lives in California (we are in Texas) and was driving a rent car....well his insurance company is saying they have coverage questions because he was not driving a car that is on his policy...I tried to find out some info from our insurance company and they can only say that we have to wait, that California laws are different than Texas and he may or may not have to pay to have our car fixed that we might have to file it under our insurance..which then we will have to pay our deductiable and our rates will probably go up...
I am getting really frustrated because know one really seems to be to willing to help us..I just want to know what the hold up is...what the law is that is different and what all we will have to do...
and I was wondering what is the rental car place going to be liable for ??anything ???? (when it comes to the damages on my car)
I have been looking on the internet and found alot of info in behalf of the person driving the rental car, but nothing on the person that was hit by the rental car...it was this man's fault he admitted it to us, police and his insurance company, I don't understand how they can not pay to have my car fixed...
Sorry this is so long, I am frustrated and have tons and tons of questions that I can't get anyone to answer, so any info that anyone can give me is GREATLY appreciated...

Robyn
 


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lawrat

Guest
I am a law school graduate currently awaiting Bar results. What I offer to you is mere information, not to be construed as forming an attorney-client relationship.

Robyn, who ever has been giving you the run around has been lying to you, as well.

The law on this type of scenario, as I understand it to be is this,


1. One rents a car. If one's own auto insurance carries provisions that cover his rental insurance too (i.e. he is covered under his own auto insurance for accidents he has with a rental car), then the question becomes to what extent. I.e. mere liability? bodily injury? property damage? how much? etc. they are probably going to be much more restricted terms than the auto insurance coverage for his OWN vehicle. YOu have a right to this information.

2. If he purchased the optional insurance from the rental place, then their insurance company must pay. You must contact them and you have a right to the information because you tell them "as a potential defendant, to prevent your company from named in this lawsuit or a separate one for deceptive practices, you must disclose the fact of whether or not this guy purchased auto insurance for his rental with you."

3. Since he has admitted fault to everyone but the milkman, (i am assuming and hoping you have a police record or some written reliable declaration that he admitted to the accident being his fault), he will be personally liable if the two insurances do not come through (i,e not covered under his own and never bothered to get from rental company). At this point you can sue him personally and not only that, but you have the right to haul him into court in texas where you live, because the accident occurred in texas, it is a jurisdiction thing (trust me).

Never mind texas and california law, it is about insurance law. Sooooo, you should read the section on insurance law and applicable subsections at freeadvice.com's home page and then contact an accident attorney at attorneypages.com.

Hope this helps. Remember, you were wronged, not the other guy!
 

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