Questioni rented a truck for 3 days while my van was being repaired. i opted for the
CDW collision damage waiver plus the liability coverage as well as the
personal accident insurance on the truck for 3 days. me and my friend were
in the truck driving when another truck rear ended us at a stop light. we have
a witness as well that was standing at the light. the driver sped off and we are
both hurt and truck is dented. we have color / make and partial lic plate
number of the truck as well as witness statement. can i file a claim against
the policies i paid for at time of rental?
AnswerHi Richard,
Please accept my sincere apologies for the delay in answering your question. I was not asleep at the switch: rather, I just had to put my beloved Peke dog, Sebastian ahead of all volunteer and other work. He recently developed a swelling and ulceration in his eye, even though he is only four years old. I spent a lot of time taking him in for care and eventually for surgery. Things will work out when they take off the patches. Side note: we should all be amazed at the talent the vets have: they can do any number of tasks, whereas human doctors are pretty limited. Anyway, thought you would like to know that I was not just ignoring you.
Now, on to your question.
You have asked a question about an insurance policy that I have never seen, so I cannot even guess what it says about uninsured motorist coverage. I will go over the three options you paid for, but NO, THERE IS PROBABLY NO COVERAGE for an Uninsured Motorist (UIM) claim. So you and your passenger will have to look to your own auto insurance policies to get coverage for this accident.
Here is why. The first two coverage provisions will not be of any help in the personal injury claim. The first coverage protects you from a claim by the rental company for damage to the truck. The second coverage protects you from a claim by someone you hit.
That leaves the third coverage, which you describe as PAI (Personal Accident Insurance or Coverage). This provides coverage to you and your passenger for medical/ambulance bills. Sometimes it is described also as covering only “EMERGENCY” medical expense benefits” to the renter and all passengers in
the truck. If this is the limitation in your policy, then it would not even cover continued treatments over months in the future. AND FOR SURE,IT WOULD NOT COVER GENERAL DAMAGES (i.e. the pain and suffering) that make up the largest part of any personal injury insurance claim.
Hence, you MUST EACH NOTIFY YOUR OWN INSURANCE CARRIERS JUST AS SOON AS YOU NOTIFY THE POLICE. Here is why: proving a UIM claim on the basis of a phantom car can be tricky. Fortunately, you have property damage and it is in the rear. Hence one major obstacle to recovery has been eliminated.
Still, I want you to read this good advice on UIM personal injury claims from a hit and run accident http://www.settlementcentral.com/page0550.htm
As you can see, proof is better when you have actual damage—which you have—and a witness—which you have, PLUS TIMELY NOTIFICATION. So go and do that part now.
Just remember these tips above, do your homework, print out your evidence, print out your pictures—ALL BEFORE YOU MEET WITH THE ADJUSTER. That way she is going to see that you are well organized and she will be more likely to take your mother’s case seriously. Just be patient and show resolve to get your fair settlement, and you and your mother will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
