What are my rights if I was recently in an auto accident where I was not at fault?

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What are my rights if I was recently in an auto accident where I was not at fault?

After little cooperation from the at fault driver’s insurance company I am now finally able to get my car repaired. However, my car will be under maintenance for a full week and Enterprise has refused to rent me a car because I am under age 24 and the uncooperative insurance company has been anything but helpful. I will be missing 7 days of work (without pay) and school. Do I have any rights here?

Asked on March 4, 2013 under Accident Law, Florida

Answers:

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

Answered 11 years ago | Contributor

If the at-fault party's insurance carrier is uncooperative, you can file a lawsuit for negligence against the at-fault party.  Your damages (the amount of compensation you are seeking in your lawsuit) would include property damage to your car and wage loss. 

Have you tried other auto rental companies which might have a lower minimum age for renting a car?  If they all have the same minimum age requirement, perhaps your parents could arrange with the auto rental company to rent the car for you.


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