QuestionQUESTION: My mum was the car renter. In March, on an interstate, she suffered from a sudden stomach clamp, I took up the driving just for a few minutes (I have valid driving license but under age 25). On the road, we were hit by a car at our front right fender. That car's left driver door was damaged too. The police report did not state who was at fault but just a collision happened. That car filed a claim on our rental car company but it was denied because our car was driven by me - an unauthorized driver. Now that car insure company asked me to pay damages and rental costs incurred for their client without determining who had been at fault. They just informed me that they had been obligated to pay. Yet, our rental company did not file any claim against my mum not that car insure company in so far. My mum was a visitor in US and I am an international student here. Questions: 1. who should determine the fault? Is that because I was the unauthorized driver, so all faults went on me? 2. We have a witness to testify to the police in the report that we had stopped within the boundary of a lane when that car was passing over but claiming to have a straight passing. Police did not judge even he heard about that. Neither our rental company wished to defend against us because they said they were not legally bound to do so as my mum violated the contract despite she purchased the LDW and the ALI. What shall I or my mum do next? 3. That road was experiencing snowing at the time of accident and the road had a temporary post up to say speed limit reduced from 65 to 30, witness estimated to police that the driver drove at more than 65. Where can I prove the road limit at that time (to Caltran)and how? 4. Should I or my mum file a claim with the opposite car insure company but we had no information in hand?
ANSWER: If this was a sudden emergency and you took over the steering wheel to prevent a collision, they would need to defend you. But if you made a decision to drive when there was no emergency, thy can legally deny you coverage.
Do either of you have any other type of car o liability insurance with another vehicle? If so, report to them and see if they can provide coverage as an excess insurer.
As far as who was at fault - I'm confused by your description so i really can't say. Unfortunately i think we have a language barrier. if someone can translate for you, I'll try to help.
---------- FOLLOW-UP ----------
QUESTION: Hi,
Thank you for your initial answer. Let me explain the case in more details. We were on I80-west from Reno back to California. On that particular day, Caltrans closed the road because of the adverse snowy weather. I-80W was just reopened at noon that day. Speed limit were reduced from 65 to 30 mph and a sign was posted. Chain control was set up.
On the road, we were on lane 2 and stopped by the chain installers to approach the road shoulder, while we were still inside lane 2 in the complete stop position, a car drove from lane 3 and cut towards lane 2 because some cars had occupied lane 3 or crossed over the road shoulder/lane 3 for chain installation, thus rendering no through traffic for lane 3. Possibly the car driver had control problem over the car and thus slam on us, damaging our right front fender. 911 called and CHP arrived. That car driver insisted that she had a straight passing but we suddenly turned right to cause the collision. She claimed she did apply brake but still unable to stop. A witness (a chain installer)told the police that he saw that car driver drove at a high speed of over 65 mph and our car looked like stopped when their car was passing. Police did not made any conclusion to the collision but wrote a summary to say that because we made the turn, thus causing the collision. It appeared the CHP took no weight on the witness' statement. The CHP also put down a wrong sketch in the report to say that we were on Lane 1 while the other car driver was on lane 2. Yet, he put down in the statement parts that we were on the middle lane. It appeared his summary which should be based on statement had contradictions. Can the insure company rely on a report with much inconsistencies?
Despite I had explained to our car rental company that I just took up the driving for a few minutes because my mother was very uncomfortable at the moment so that she needed to take a rest for short while after medication. She did try to park at the side after passing an agricultural check point after medication, but an officer there came towards us and advised us to go away because it was dangerous to park beside the fluffy icy bank while snow kept falling. I had no alternative but to take up the driving for a few minutes.
The rental car company simply ignored this explanation and denied the claim because I was the unauthorized driver. I just drove for 5 minutes! They said they will not defend against me and my mother. Nevertheless, the rental car company did not lay any claim on us for the rental car damage. Neither they lay claim to the other party despite we had explained in details it was their fault.
My mother was a tourist in US and she bought the LDW and ALI for this rental agreement of a 18-day hire. The incident happened on the 17th day. Her own car insurance in her home country did not cover this rental. I am just a poor student in the US with an I-20 visa. I have no money.
Now that the other car insur company charged me some $3000+ to cover their insured' damage and rental charge without determining who was at fault. They said they had paid the insured already because they are obligated to pay. Can you advise me what I should do and how can I prove that I drove because of emergency. My mother can get a letter from her doctor to certify that she has relapses of stomach clamp and immediate medication is required. And how can I defend myself that they are at fault because the police is writing something not in our favor in spite of its inaccuracy.
Regards
AnswerThere are 2 issues:
(1) will the rental car company defend you against the claim by the other insurer? They have denied this because you were not authorized by them (the owner of the car) to drive their car. I doubt you can win this. It seems pretty cut and dry. I don't think there was a true emergency. You could try to sue them in court with an attorney, but I doubt you would win.
(2) Do you owe the damages to the other car and their insurer? There is a liability dispute. Each driver has provided a different description. If you can get the witness to testify, you could probably win in court. The other insurer sould inbvestigate and try to talk to this witness. Have you provided them with the witness information? If not, you should do so now. If they continue to pursue you, they might sue you. You could try to win in court by getting the witness to testify. or you could just let them get a judgment against ou d not pay it. they may just drop the case if they think you can't pay.
I would call the insurer and complain to the manager, saying they did not interview the witness. You could also complain to the state insurance department alleging they did not fully investigate and speak to the witness. You could also simply tell them you have no money and even if they sue you, you won't be able to pay. They may just drop the claim.
Don't make this easy for them. Call and complain a lot and they may leave you alone.
