What to do if I rented a truck with liability insurance covering damage to third parties up to $5000 but was in an accident and there was damage to the third party under that minimum?

We unfortunately did not file a police report, and now the rental truck company’s insurance office is denying the claim. I was at-fault.

Asked on September 18, 2013 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Insurance is a contract; it is governed by its terms. If the terms of your coverage required you to file a police report or take some other step which you did not take, then they would be entitled to deny coverage due to your breach; in that event, you would have to pay any damage yourself. You can and should review the terms of the coverage to find out whether you were entitled to coverage in this situation, given what you did--and did not--do.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Insurance is a contract; it is governed by its terms. If the terms of your coverage required you to file a police report or take some other step which you did not take, then they would be entitled to deny coverage due to your breach; in that event, you would have to pay any damage yourself. You can and should review the terms of the coverage to find out whether you were entitled to coverage in this situation, given what you did--and did not--do.


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