I was hit by a rental car and, but do I have to pay the deductable if the rental agency doesnt want to pay since th driver wanst the renter.

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jan 9, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from San Diego, CA

Asked on 01/09/2012

I was hit by a rental car and, but do I have to pay the deductable if the rental agency doesnt want to pay since th driver wanst the renter. I was hit by a rental car where the other driver was clearly at fault. The driver of the rental car did not have a license nor was the renter of the car. Alamo rental doesn't want to pay since the driver wasnt the renter. My insurance wants to make make me pay a 500.00 deductable. I dont belive i should regardless if the rental agency doesnt want to pay since i wasnt at fault of the accident.

Answer given on January 13, 2012

Rental car companies have contracts that list the drivers authorized to use the car. If the driver of the car was not listed as an authorized driver of the car, then the rental car company will deny coverage.Apparently you have collision coverage on your car. In California, as in most states, your insurance company will pay for your repairs less the deductible. Your insurance company will then try to subrogate for the money they paid out. They will subrogate against Alamo and may if unsuccessful they may try to go after the driver of the car, and maybe even the person who rented the car. If your insurance company is successful, they will reimburse you for your deductible.You should also ask your agent or the adjuster if you have uninsured motorist property damage and/or deductible waiver. That coverage is supposedd to reimburse your deductible if you are struck by an identifiable driver. Most insurance companies try to avoid this coverage saying they have to be able to subrogate against the other driver. Read the wording on this coverage, because it may not say they have to be able to do this, but only to identify the other party.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption