I was in a motorcycle accident with a rental car which was being driven by a Korean national with no insurance, how do I get reimbursed?

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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...

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UPDATED: Mar 3, 2013

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Insurance Question from Concord, CA

Asked on 03/03/2013

I was in a motorcycle accident with a rental car which was being driven by a Korean national with no insurance, how do I get reimbursed? The police report states the driver of the rental car was at fault for my accident. The big problem is that this person was visiting from Korea, didn't speak English, didn't have car insurance, and is no longer in the country. Hertz is the owner of the rental car, but they are refusing liability! They are refusing liability because they believe the person that signed their contract was not driving, that it was in fact his friend. Is Hertz still liable for this claim? Unfortunately my insurance doesnt cover me & I dont have uninured motoris, so I have no other means to repair.

Answer given on March 05, 2013

If you were in an accident with a driver of a rental car, it is difficult to resolve the accident since the driver left the country.Since you have a police report, it should indicate who was driving the car. Take that information to Hertz and see if the driver on the contract is the same person. If so, then Hertz is responsible for the damages to your car. They can charge the driver under his credit card information. If the driver is different, you may have trouble obtaining reimbursement from Hertz.If they still refuse to repair your bike, you can take Hertz to small claims court, and if you win you will be reimbursed. Since you don’t have coverage on the bike, there is no recourse through your insurance company. If you can’t win in court, then you will have to pay for the repairs yourself.

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