Who is responsible?

[bassclarinet1109]

Indiana
Ok I was in a car accident recently. I was not at fault. The lady who t-boned me was at fault. Well it should be a cut and dry case that her insurance should cover everything right? Well sadly it isn't. The van she was driving was a rental van from Enterprise; however, she was not the one who rented it and is not on the rental agreement. So her insurance is doing the medically coverage, but they will not cover for my vehicle. The other insurance of the lady who rented the van is fighting it because the driver was not on the agreement. I am at a loss here. I have been without a vehicle since the accident. They haven't provided a rental vehicle. I go back to college soon and I need a vehicle. I also had to get my totaled car out of storage because no one else would so that was a huge expense. Any ideas of what to do. My insurance is not helping me because I only had liability.

 

[LdiJ]

Indiana
Ok I was in a car accident recently. I was not at fault. The lady who t-boned me was at fault. Well it should be a cut and dry case that her insurance should cover everything right? Well sadly it isn't. The van she was driving was a rental van from Enterprise; however, she was not the one who rented it and is not on the rental agreement. So her insurance is doing the medically coverage, but they will not cover for my vehicle. The other insurance of the lady who rented the van is fighting it because the driver was not on the agreement. I am at a loss here. I have been without a vehicle since the accident. They haven't provided a rental vehicle. I go back to college soon and I need a vehicle. I also had to get my totaled car out of storage because no one else would so that was a huge expense. Any ideas of what to do. My insurance is not helping me because I only had liability.

You are going to have to sue both the person who rented the vehicle and the driver of the vehicle. However, that is not going to guarantee you the money for a car quickly, and may not even guarantee you money in the long term either. That is however, your only option.

If you are ever in another accident again, do not allow your car to be towed to storage. Either have it towed to a mechanic or towed to your home. That way you avoid storage fees.

 

[Ohiogal]

You didn't have uninsured driver insurance?

 

[Zigner]

You are going to have to sue both the person who rented the vehicle and the driver of the vehicle.

On what theory would be OP sue the non-driver, non-owner renter of the vehicle?

 

[LdiJ]

On what theory would be OP sue the non-driver, non-owner renter of the vehicle?

Because the renter allowed the non-renter to drive the car knowing that he/she was not listed as a driver.

 

[Zigner]

Because the renter allowed the non-renter to drive the car knowing that he/she was not listed as a driver.

How did that cause the accident?

 

[LdiJ]

How did that cause the accident?

It did not cause the accident, it caused the accident to not be covered by insurance.

 

[Zigner]

It did not cause the accident, it caused the accident to not be covered by insurance.

Then, under what theory, would the non-driver/non-owner renter of the vehicle be liable for the accident?

 

[adjusterjack]

It did not cause the accident, it caused the accident to not be covered by insurance.

Which has nothing to do with who may have legal liability for the accident.

For the non-driver/non-owner renter of the vehicle to be liable for the accident Indiana requires proof of "negligent entrustment."

A claim of negligent entrustment requires a showing that: (1) the defendant entrusted his car; (2) to an incapacitated person or one who is incapable of using due care; (3) with actual and specific knowledge that the person is incapacitated or incapable of using due care at the time of the entrustment; (4) the entrustment proximately caused an injury; and (5) damages resulted from the entrustment. Bailey v. State Farm Mut. Auto. Ins. Co., 881 N.E.2d 996, 1001 (Ind. Ct. App. 2008).

LdiJ, are you alleging that those elements exist in this matter?