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Uninsured Driver (my husband) in rental car hits a car...

Asked over 2 years ago - Chicago, IL

I rented a truck to run some errands and my husband who drove it for the last five minutes, ended up side swiping a car while parking it in a bay. When pulling up to the bay, the woman next to us, closed the door on herself, as if to squeeze herself in before we pulled in. This car was rented under my name with an insurance policy, but driven by him (not on the rental contract) didn't make the turn wide enough and ended up scraping the side of her car. No one was injured but the other driver was "dramatic" by all means, and we fear the worst from her. There is a small scratch on her door, no damage to the rental car, and I'm pretty sure all insurance will be null since it wasn't me driving.

My fear or question is, what happens now? will I have to pay for everything?

Additional information
I understand that I'm responsible since it was my rental contract. How far does this go though? Assuming this lady takes it as far as court. What kind of lawyer should I seek out? Should I contact one right away or should I wait to see if she presses any charges or claims. Recommendations on firms? Thanks.

Thanks for all your help so far. Some further details:

My husband and I just moved to the US. I am an American citizen with a NY state drivers license but he has a UK drivers license. We don't own a car yet so no other car insurance, which probably means the worst - he's an uninsurable driver... I imagine under the "Omnibus Clause", this makes him excludable. Any further advice? thanks.

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Attorney answers (3)

Lars A. Lundeen

Reputation Level 20

Answered over 2 years ago. Personal Injury Lawyer in Rutland, VT.

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As I am not licensed in your state, I can only provide you with some general information. If you or your husband have automobile liability insurance which covers him, in all likelihood, it will cover him for driving the rental vehicle, even if the rental company and their insurance carrier will not. You also should review your rental contract in detail and see whether or not an adult spouse can drive the vehicle you rented. Don't be too quick to assume that all insurance will be null and void, as it may not be. If you and your husband can't understand the contract or your insurance policies, you should seek counsel with a civil attorney.

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Stephen Laurence Hoffman

Reputation Level 15

Answered over 2 years ago. Car / Auto Accident Lawyer in Chicago, IL.

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I am in Chicago and licensed in Illinois. I would inform your husband's auto insurance carrier as it may still cover this scenario. Also, at least attempt to explain to rental car company your husband was only helping you park due to tight space but hadn't driven otherwise.
At worst, other driver will find you and you can challenge any allegations (which she'd have to prove) then.
Feel free to contact me at 773-944-9737.

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Donald Solomon Nathan

Reputation Level 11

Answered over 2 years ago. Personal Injury Lawyer in Elmhurst, IL.

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Odds are she will make some sort of a claim for injury if there was drama at the scene. I would certainly prepare for the worst by engaging counsel, but I would not expect to have to pay much money.

Under Illinois law, if you gave your husband permission to drive the truck involved in the collision, he is going to be covered under the "Omnibus Clause" of the rental insurance policy unless he was specifically excluded. The lawyer you hire can go over the policy to make a determination as to whether he's going to be covered. But from the scanty facts you have given me, likely he WILL be covered.

Assuming there is coverage, the insurance company will settle the claim or provide you a defense if the matter proceeds to suit. If there is no coverage, your lawyer can defend you. It sounds like any claim the other party might make for injury would be well worth defending.

You need to find a firm in the county where the accident took place as soon as you can. You want to hire someone who specializes in both insurance law and accidents. The more experience the lawyer has, the better. Illinois lawyers can be googled or you can check them out on websites like Avvo.com, Attorney Pages.com, Lawyers.com or the website of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Local lawyers can also be obtained through referral services of local bar associations. The phone book would be the last place to look.

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