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Hi, i need advise... i rented a car and didnt get insurance, let my brother drive to the store, someone hit him , there not insu

Tampa, FL |

the person that hit the car is not insured, now the rentle company wants to sue me... what sholud i do, i need help

Is there any way that i can get help with this issue that i have with the courts on my behalf. The person who hit my brother was not insured, now its up to me to pay for damages which i think its unfair, i know i did not get insurance, but i also think that the person who hit the car should also be the responsible party & there not answering the phones for me, so what should i do? can i take him to court, how would i go about starting to do something about this so i wont get sued... & i also want to know, My insurance canceled around the time of the accident, if i recently got insurance can that insurance company cover the damages?

Attorney Answers 4


  1. Since you were the person who rented the car and signed the rental contract you are responsible for the damage to the car when you have no insurance. If you want your brother to pay that is another issue because if your brother was not an authorized driver the rental car company will not be looking to him for reimbursement as well.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. Upon renting the car you assume liability. Contact your insurance company.

    Jim Magazine
    www.lgmlawgroup.com


  3. contact your insurance company. if they have an exclusion see if your credit card company covers it. Some do. If they don't you may be paying out of your pocket. Good luck.

    You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net


  4. If the rental car company sues you, you will probably be on the hook for damages as the other attorneys have said. However, you may be able to add the person that hit the car as a third party defendant to the lawsuit and seek indemnifcation if you wind up having to pay, since he did actually cause the damages through his negligence. However, if he does not have any assets from which to collect a judgment, you would probably just be wasting your time and money. I do however, think the legal right to sue him for indemnifcation does exist in this case, even if it's not practical.

    The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.