Hi everyone. I got into a car accident in California where the other driver rear ended me and left the scene. I have a police report and dash cam video proving the driver at fault. However, the other driver was driving a rental car, and their insurer denied liability based on the fact that they preached contract due to criminal activity (hit&run) and operating the vehicle in a restricted area. My insurance refused to pay due to the damage being under deductible even though I got multiple estimates claiming higher than the deductible. Furthermore, the other driver was summoned to court because the police charged them for the hit and run misdemeanor and having an invalid license, but did not appear and now have a warrant out. I really just want my car repair but now I’m kind of stuck not knowing what to do. Upon research, I learn that I could sue the other driver for damage, but since they never appear in criminal court, I don’t know how that’d work in this case. I also wonder if I can sue the rental company since they rented the car to someone without a valid license. It’s caused me tremendous stress and I just want this to be over with. I’d appreciate some advice. Thanks everyone
Other party denies liability due to coverage. Driver fails to appear in court. What do I do?
byu/SoftCactus72 inInsurance
Posted by SoftCactus72
2 Comments
You can sue who/whatever you want.
You may win. Then you have a piece of paper that says Jimmy Bob owes you X dollars. Now go collect.
Edit to add: The rental car company may not have even rented to him. People let others use their rental all of the time and it’s not allowed.
A couple of pieces of advice:
>My insurance refused to pay due to the damage being under deductible
Unless the repairs on your vehicle have been completed, your insurance has an estimate where they’ve assessed the damage as below your deductible. It’s your choice to take your vehicle to a shop of your choice and have the repairs completed. Your insurance will pay for any supplements above your deductible and you’ll pay the shop your deductible.
>I also wonder if I can sue the rental company since they rented the car to someone without a valid license.
Do you have a copy of the rental car company’s rental agreement or any other proof that they rented their vehicle to the driver who hit you? If you don’t, then your case against the rental company is like the tectonic plates under California: unstable.
>I learn that I could sue the other driver for damage
You can file court papers for a lawsuit. You can pay an attorney to represent you, if you want. You’ll likely win by default when the driver doesn’t show up. However, you can’t collect money from someone you can’t even find.