I rented a car and with my permission she drove the car and did an accident. She has a collision with the opposite car while taking the left turn. She is not listed as an authorized user and my insurance is GEICO. Hertz company says GEICO rejects the claim due to my wife driving the car and she was unauthorized driver. Could you please tell us is there a law that spouse is covered under this circumstance so we can avoid paying the money. Thanks in advance!
Family Law Attorney
The outcome of this case will be determined by the language of the rental contract with Hertz, and your policy provisions with GEICO. Often private insurance does not cover rental cars, and unless you are an authorized driver with the rental agency, you do not qualify to receive benefits from their insurance. I would obtain a copy of both the rental agreement, and your full auto policy (or other applicable policies) and have them reviewed by an attorney to advise you if the contract language supports Hertz's position. Without this information, it is impossible to determine whether you are covered or not. Best of luck.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
General Practice Lawyer
You need to make two calls. First, call GEICO to ask what type of coverage for rental cars you have included in your regular auto insurance. Second, call the credit card company you will be using to pay for the car rental. Some credit cards provide additional coverage, but make sure you understand the limits involved. Many credit cards provide additional coverage but limit the type and amount of coverage. Most automobile insurance policy cover temporary replacement vehicles. Read your policy and don't take Hertz's word for it. Everyone has insurance in a rental car because rental car companies are required to provide the minimum coverage on all of their vehicles or be self-insured.
Brain Injury Lawyer
Mr. Patrick is correct - more information is needed, although allowing an unauthorized driver to operate the car is a major problem.
I'm very sorry to hear about this, and I'm sure that trying to deal with this without a lawyer is frustrating. Without reading the docs, it would be impossible to make a guess. Have a local lawyer review these docs, so you know where you stand. Good luck to you.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Car / Auto Accident Lawyer
My colleagues are correct. Allowing an unauthorized driver to drive the rental vehicle is going to be a major issue for you. Consult your policy with both your carrier and hertz and go from there. Best of luck.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference