What will happen if I rented a car without the insurance and then my son asked to borrow the car and had an accident?

UPDATED: Sep 25, 2012

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What will happen if I rented a car without the insurance and then my son asked to borrow the car and had an accident?

I chose not to take the insurance on the rental and my son as not added as a driver. No one got a citation and no one was hurt but the cars. What is the worst case scenario?

Asked on September 25, 2012 under Accident Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could be sued by the rental car company for the damage to the rental car.  The rental car company could also have another cause of action (claim) in its lawsuit for breach of contract for allowing an unauthorized driver to drive the rental car.  If your son is under the age allowed by the rental car company for one to drive its rental car, that would also be another issue in the breach of contract claim.

If your son was at fault in the accident and the registered owner of the other car in the accident files a claim with the rental car company's insurance company for cost of repairs or sues the rental car company for the cost of repairs and gets a judgment against the rental car company, the rental car company will sue you to recover the amount of the judgment it paid for repair of the other car plus attorney's fees.

All of the above claims would be included in one lawsuit filed against you by the rental car company.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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