What to do if I was injured in a rented limousine and broke my arm?

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What to do if I was injured in a rented limousine and broke my arm?

I had to have a plate attached to the bone. The rental company has requested a copy of my auto insurance coverage and my medical. So far I have paid about $1500 out of pocket and all medical claims have gone against my health insurance. The limo company has all but accepted responsibility for the accident, so am I required to provide my insurance information? Should I be dealing with their insurance company rather than mine?

Asked on April 23, 2014 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the rental company wants the information, you can provide it, and see if they or their insurer will pay; or you can refuse, in which case there is almost no chance they will voluntarily pay. You cannot force them to pay without bringing and winning a lawsuit; any compensation or payment without a lawsuit is voluntary on their part. Note also that you have no right to deal directly with their insurer: their insurer does not owe you any duty or obligation, but rather owes its duty to its insured or policy holder (the limo company). The insurer may choose to work directly with you to settle this matter, but that is their choice.

Of course, even if you provide the requested information, they or their insurer may refuse to pay, or may offer an unacceptably low amount. Your recourse, if you believe the limo company or its employees were at fault but they refuse to pay what you consider the fair or appropriate amount, is to sue the limo company for your damages. Be aware that to win in court, you'd have to prove that they were at fault--that is, that they negligently (unreasonably carelessly) or deliberately did something wrong, like not maintaining the limo correctly; the driver driving too fast or carelessly; etc. If they were not at fault, they would not have to pay; the mere fact that you were injured in their limo does not, without fault, make them liable.


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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