If the person who ran a red light and totaled my car did not have insurance but the car they were driving was a rental, can I sue rental company for allowing him to drive uninsured?

Asked on November 6, 2015 under Accident Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot sue the car rental company: the car rental company is *not* obligated by law to ensure that drivers who rent its cars have insurance, so since they are not required to do this, there is no liability for not doing it. You can sue the driver, of course; even if he did not have insurance, if he has any assets or a steady income (which, for example, could be garnished), you may be able to collect from him. For the future, this is why it is a good idea to have collision insurance on your car--to protect you when there is not a ready source of compensation (such as another driver's insurance) for accidents.

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