What will happen if I rented a car without the insurance and then my son asked to borrow the car and had an accident?

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What will happen if I rented a car without the insurance and then my son asked to borrow the car and had an accident?

I chose not to take the insurance on the rental and my son as not added as a driver. No one got a citation and no one was hurt but the cars. What is the worst case scenario?

Asked on September 25, 2012 under Accident Law, Georgia

Answers:

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

Answered 8 years ago | Contributor

You could be sued by the rental car company for the damage to the rental car.  The rental car company could also have another cause of action (claim) in its lawsuit for breach of contract for allowing an unauthorized driver to drive the rental car.  If your son is under the age allowed by the rental car company for one to drive its rental car, that would also be another issue in the breach of contract claim.

If your son was at fault in the accident and the registered owner of the other car in the accident files a claim with the rental car company's insurance company for cost of repairs or sues the rental car company for the cost of repairs and gets a judgment against the rental car company, the rental car company will sue you to recover the amount of the judgment it paid for repair of the other car plus attorney's fees.

All of the above claims would be included in one lawsuit filed against you by the rental car company.


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