Help...who pays?

[Vlad_318iS]

Hey there. I need a little help.

My sister and her friends went on a trip to Seattle from NorCal. She drove a rental car that one of her friends dad rented. Coming back, she got in a little accident. Now the problem is that the father who rented the car wants her to pay because while renting the car he got insurance that would only cover anything if he was the driver.

My understanding is that the renter is the responsible party especially that he didn’t get another insurance that would cover anybody else that was driving. Also he knew that he wouldn’t drive.

Thanks for any help.

[DarkWing6]

The renter is probably liable to the rental company, but that does not mean that your sister is not responsible to pay her friends dad.

[Mike325]

Was she at fault? If she was, then she should pay, if not, then no. The dad should have put other people on the insurance for the rental. I work at a rental place and I see this happen sometimes. The person renting the car does not take the insurance and when they get in an accident, all this who pays what stuff happens.

I know they had insurance, but depending on wheather or not she was at fault or not will help with an answer. The dad was pretty stupid for letting them take the car. I bet she is under 21 too.

[Jscotty]

Fault or no fault, she should still pay. The friend's dad was nice enough to put his neck on the line for a group of girls who could not have rented the car on their own. Maybe the dad should have made your sister and her friends kick out the extra money for the insurance or she should have had enough foresight to contribute to the costs.

But I can understand the other side of it here too. I once rented a car for 2 months and had I taken the insurance at $20 (which is very expenisive) a day, it would have been the same money as the repair deductable. So I told them that I would take my chances.

[Vlad_318iS]

She was not at fault. Everything was going to clear until the renter company found out that the renter was not driving. He violated the contract.

All of them piched in for the rental. My sister even asked if she could drive and they said it's OK beacause they have insurance.

After all of this happened, my sister went to her insurance to see if they can cover it. They said that the renter needs to file a claim. Is it possible for the renters personal insurance to cover the damages?

THANKS!

[Vlad_318iS]

Was she at fault? If she was, then she should pay, if not, then no. The dad should have put other people on the insurance for the rental. I work at a rental place and I see this happen sometimes. The person renting the car does not take the insurance and when they get in an accident, all this who pays what stuff happens.

I know they had insurance, but depending on wheather or not she was at fault or not will help with an answer. The dad was pretty stupid for letting them take the car. I bet she is under 21 too.

She is not at fault and she's under 21.

[Jean]

Was the other party found at fault or cited ? (cop present etc).

I would think if the other party was found at fault, maybe "dad" can file a claim with the guilty party and they will have to pay....

good luck.

[Jand3rson]

Wouldn't this be the kind of thing that it might be better to ask an INSURANCE AGENT about?

[Jscotty]

Is it possible for the renters personal insurance to cover the damages?

In most circumstances, yes. In this one, I don't think so. One of the things that sucks about this situation is that the rental company is going to "double dip" on the claim. Granted that violating the contract has consequences but after they get their money from you, they are still going to go after the other guy's insurance company.

[Vlad_318iS]

Wouldn't this be the kind of thing that it might be better to ask an INSURANCE AGENT about?

Yes, but they don't really tell you everything before filing a claim. I want to be informed and see what the options are. I also want to help out my sister because her friends are being total PITA.

[vlad]

was there a police report?

without one it's a he said/she said situation and your sister is only 50% liable, that is if taken to court and found guilty... (very iffy)...

I doubt her friend's dad will file a law suit where he can be counter sued for lying to rental company and letting someone under 21 drive the rental

[Vlad_318iS]

was there a police report?

without one it's a he said/she said situation and your sister is only 50% liable, that is if taken to court and found guilty... (very iffy)...

I doubt her friend's dad will file a law suit where he can be counter sued for lying to rental company and letting someone under 21 drive the rental

Yes,

She is not at fault. The person at fault had a suspended license, no registration, and car wasn't theirs.

[Vlad_318iS]

At first my sister said she will take care of it. Now after realizing that their whole family (friends dad, her friend + other) are being totall pain in the ass I am coming in with the help.

They are ignoring my sister as in it is hard to get a hold of them. All they want is for her to pay for it. I just think that is not right. She is the one running around doing everything to work it out when it is the renters fault not a 18 year old girl.

I just think that the dad knows it is his fault and that is why he is acting like this. After reading all of the replies I just think it is not her fault and they can't do anything about it.

Thanks to all.

[shiftbmw]

I would say that whether she should pay or not would entirely depend on how good of "friends" she is with the other girl and her dad. They sound like douche tools.

I'd tell them to fuck off personally.

[uofom3]

Fault or no fault, she should still pay. The friend's dad was DUMB enough to put his neck on the line for a group of girls who could not have rented the car on their own. .

fixed