Auto Insurance Claims: At fault driver in rental car, rental car driver, personal health insurance


Question
I let another driver use my rental car.  The driver was coming out of a restaurant's parking lot onto a street with 2 lanes of oncoming traffic.  The cars in the lane closest to the driver stopped for the driver to enter.  At the time there was no traffic in the second lane.  Once the driver proceeded to go across both lanes another vehicle in the sencond lane hit the driver on the driver's side.  The driver of the rental vehicle was ticketed at fault. The other vehicle was speeding. My issue is the person who borrowed the car had children inside also. The driver of the rental car went to the emergency room.  The children did not. Can the driver of the rental car make a personal injury claim against my insurance? What about the children?   They are minor children of the driver.  Can a personal injury claim or any other type of claim be made against my insurance for them since they were not "at fault". How much would a total claim (personal or otherwise) be for all occupants?

Answer
Hi Dee,

If the person you loaned the rental car to was not listed on the rental contract as a driver then there will be no insurance coverage at all. You will be personally liable for the damage to the rental car as well as the car that hit the rental car. Your insurance policy will only cover those who are listed on the rental contract as a driver.

depending on the state you live in, the driver and their children may have coverage available on their own auto insurance (if any) if they live in a state that has Personal Injury Protection (PIP) coverage. Otherwise it will be upto their own personal health insurance.

If this driver was not on the rental contract, you may want to consult with an attorney.

If the rental car driver was in fact on the rental contract, then you would need to contact your auto insurance company to see what coverage may be available since it would depend on your state and the specific coverage you purchased.

I hope this helps
Richard Hixenbaugh