Insurance question

[RIXXX93GT]

Back in March of 2008 my daughter was involved in an accident in Troy Ohio. The police were called and the other driver was cited for failure to yield. Turns out the other driver was using a rental and he and the rental company are out of state. After much prodding by my insurance company we find out he did not buy the rental insurance throu the rental company....Budget Rent-a-Car. They say its none of there concern and we will have to contact the guy personally and use his own insurance to cover it. The damages were nearly 2k. Does this sound about right or should the rental company be laible and then they have to get it from him?

[IEATLT1]

I'd have the car repaired by your insurance and let them go after the guy... that's what you pay them for.

[PONYGRL]

I just forwarded this to my mom who is a senior claims rep at my company... so she deals with this type of thing all the time....

Her response:
The guy's personal insurance carrier should have picked up the damage. I'm sure they paid for the rental car damage.

If they (meaning you) have a copy of the police report I would send the guy a letter or see if you can obtain a telephone number through directory assistance and call him up. Personally I would write a letter so you have written documentation. I would ask him for the name of his insurance carrier and their contact information, (Budget may have that information but I'm not sure they will release it-it doesn't hurt to ask though).

Also keep in mind the statute of limitations is two years for bodily injury and property damage in the state of Ohio. That means you have two years to obtain payment for the damages to the vehicle, or settle any bodily injury or you must file suit to retain your right to recovery.

[PaulFiveOh]

Back in March of 2008 my daughter was involved in an accident in Troy Ohio. The police were called and the other driver was cited for failure to yield. Turns out the other driver was using a rental and he and the rental company are out of state. After much prodding by my insurance company we find out he did not buy the rental insurance throu the rental company....Budget Rent-a-Car. They say its none of there concern and we will have to contact the guy personally and use his own insurance to cover it. The damages were nearly 2k. Does this sound about right or should the rental company be laible and then they have to get it from him?

The rental company, by default, is not liable. The only way to make them liable is to get a judgment against them. Since you are probably not prepared to sue at this point, I would let that facet go.

This is a messy situation and here is why. The rental company is not required by law to provide him with their own coverage. The only requirement is that you SHOW valid insurance and (usually) sign a document indicating that your insurance will cover a rental. Again, since you are not prepared to sue, this is non-information. The last sticky part about this is that the at fault party's insurance does not have to cover him (and most likely will not) since the at fault party's vehicle was not on the policy as an insured vehicle.

What I am surprised about is that YOUR insurance company is not pursuing all this. If they are a big name group, they should do all of this leg work.
Good luck.

[RIXXX93GT]

I'd have the car repaired by your insurance and let them go after the guy... that's what you pay them for.

I should have mentioned her car just has liability coverage. Our insurance says this is as far as they go.

[PaulFiveOh]

Our insurance says this is as far as they go.

Hire a lawyer.

[RIXXX93GT]

Anyone have luck looking up personal info? This guy listed the car as being insured through the rental company...NOT.

[PaulFiveOh]

I'll see what I can do for you. PM me all the info you have about him.

[Rich]

Rick,

You can go to the Troy PD and get a copy of the OH-1 report (crash report). Some departments charge a small fee for this, so give them a call first.

The Oh-1 report, will have his info, address, and phone number on it. Also, depending what state he is in, he can have his license suspended for driving without insurance.

[RIXXX93GT]

Well I did get that info but the guy doesnt seem to answer his phone or its not his real number. I wish the officer would have asked to see his rental records showing he purchased the insurance. I have talked to the rental company and he didnt purchase the insurance according to them so he lied on the crash report. I will keep trying the number. Im guessing since he lied on the police report he is probably a low life and we are just screwed.