What will happen if my 21 year old son rented a car out of state and had an accident but was not covered on our auto policy?

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What will happen if my 21 year old son rented a car out of state and had an accident but was not covered on our auto policy?

He was in an accident; he rear-ended a car then hit the car in front. The rental company did not ask him for proof of insurance, and we have a copy of some paperwork with the lines for initialing and he did not initial either to take or decline the coverage. He rented using his credit card and it will pay for the rental car. Does the rental company pay the third parties from its insurance? He was not given a citation, though the police report says he caused the accident.

Asked on February 10, 2015 under Accident Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The third parties who were injured have a choice of who to seek compenation from: the car's owner (the rental company) and/or the driver (your son). However, even if the choose to seek it from the rental company, if you son was at fault, as he most likely was (in the eyes of the law, the rear driver in a rear-ending accident is almost always at fault), then the rental car company or its insurer (whomever paid) would in turn be able to sue you son and recover what it paid from him, as the at-fault driver.


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