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Rental car accident my fault - coverage problems
My friend rented a car (when he was uninsured) back in Nov 2008, for a week. We went out one time, and he insisted that I drive because he was tired, and I was not supposed to drive it . . .
I drove, got in an accident - my fault. With another rental car.
The rental car (car 1) was totaled along with another rental car (car 2) (what a coincidence!!)
Anyway, he obviously violated the "contract" with the rental company.
They kept calling me and him back and forth, and finally, I got a bill from the rental company of car 2, for $20,000.
My insurance refused to pay since I was an unauthorized driver.
Car 1 Rental company refused to pay since he let an unauthorized driver drive.
I told him I am going to pay $100 per month, and sent it my first
payment . . .
Is there a way I can get myself out of this? And what kind of laywer would be able to help me out here?
Well ... Before you make any payments you need to talk to a lawyer real quick! I am not sure if you can completely get away from paying, but there is a chance that you can make the insurance company give a better explanation.
The permissive driver theory is a funny one and it changes state to state. In some states, if someone gives you the keys, you are a permissive driver. Some states require that the vehicle be reported stolen before they decide there was no permission. You did not stole this vehicle!
You had some implied permission to drive, and this might be a breach of the contract with the rental company, but it does not necessarily mean that the insurance (your insurance company) can exclude 100% from coverage.
Again, it depends in what state you are, but you should really talk to a personal injury lawyer (they deal with insurance companies and insurance policies all the time, the can help you with something like this).
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