I was hit by a rental car and, but do I have to pay the deductable if the rental agency doesnt want to pay since th driver wanst the renter.

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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: Jan 9, 2012

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Insurance Question from San Diego, CA

Asked on 01/09/2012

I was hit by a rental car and, but do I have to pay the deductable if the rental agency doesnt want to pay since th driver wanst the renter. I was hit by a rental car where the other driver was clearly at fault. The driver of the rental car did not have a license nor was the renter of the car. Alamo rental doesn't want to pay since the driver wasnt the renter. My insurance wants to make make me pay a 500.00 deductable. I dont belive i should regardless if the rental agency doesnt want to pay since i wasnt at fault of the accident.

Answer given on January 13, 2012

Rental car companies have contracts that list the drivers authorized to use the car. If the driver of the car was not listed as an authorized driver of the car, then the rental car company will deny coverage.Apparently you have collision coverage on your car. In California, as in most states, your insurance company will pay for your repairs less the deductible. Your insurance company will then try to subrogate for the money they paid out. They will subrogate against Alamo and may if unsuccessful they may try to go after the driver of the car, and maybe even the person who rented the car. If your insurance company is successful, they will reimburse you for your deductible.You should also ask your agent or the adjuster if you have uninsured motorist property damage and/or deductible waiver. That coverage is supposedd to reimburse your deductible if you are struck by an identifiable driver. Most insurance companies try to avoid this coverage saying they have to be able to subrogate against the other driver. Read the wording on this coverage, because it may not say they have to be able to do this, but only to identify the other party.


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